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I 



AMERICAN MANUAL 



OF 



PARLIAMENTARY LAI: 



OR THE COMMON LAW OF 



DELIBERATIVE ASSEMBLIES. 



SYSTEMATICALLY ARRANGED FOR THE 
USE OF THE 



PARLIAMENTARIAN AND THE NOVICE, 



BY 

GEO. T. FISH, 



. -Gil 

ROCHESTER, N.Y. 
PUBLISHED BY THE AUTHOR. 

1879. 
















'6* 



\ 



Entered according to Act of Congress, in the year 1879, 

By GEO. T. FISH, 
In the Office of the Librarian of Congress, at Washington, 




DEDICATION 



TO YOUNG AMERICA, 

whose " first words on rising from the cradle 
are 'Mr. President/" this condensed volume 
is respectfully dedicated, in the hope that it 
is sufficiently concise and complete, to aid in 
saving, for the consideration of important 
questions of public welfare, time which other- 
wise might be devoted to study and contention 
over trifling points of Parliamentary Law. 



AUTHORITY. 

That the novice may judge of the value of this work 
as a book of trustworthy reference and authority, space 
is here afforded for one of the many complimentary 
testimonials received from distinguished parliamenta- 
rians. Senator Ferry's is selected, not so much for 
the moderate though decided language in which it is 
expressed as for the reason that it comes from a gen- 
tleman who has occupied the highest post of honor 
requiring parliamentary skill in the gift of this govern- 
ment. On the death of Vice-President Henry Wilson, 
he was elected by the U. S. Senate to preside over its 
deliberations, which position he occupied until the in- 
auguration of Vice-President Wheeler. 

United States Senate Chamber, ) 
Washington, June 3, 1879. ) 

Dear Sir: 

Having given such examination as the time would 
allow of the "American Manual of Parliamentaiy Law," 
by Geo. T. Fish, I take pleasure in recommending it as 
a systematic, concise and complete manual, covering in 
brief and clear statement the present state of parlia- 
mentary law as modified by authoritative practice. As 
a book of ready and reliable reference it is entitled to 

great respect. 

Yours truly, 

T. W. FERRY. 



CONTENTS. 



Page. 
Introduction __ — 6 

Article I Organization _ 9 

II. Meetings .--- 18 

III. - Duties of Officers .__ _ -_ 22 

IV. Offences ..' __ 28 

V. General Business 34 

VI. Classification of Questions _. 51 

VII. Privileged Questions 57 

VIII. Subsidiary Questions _. 63 

IX. Incidental Questions 86 

X. Debating _ 94 

XI. Voting 99 

XII. Committees __ 109 

XIII. Recapitulation _ 120 

XIV. Suggestions -_ .124 

Index _ 132 



I 



IV 



INTRODUCTION 



Believing that Parliamentary Law is entitled to re- 
cognition as a science, and yet not a science worthy of 
a life-long study, it has been the author's endeavor to so 
systematize and condense this work that it may become 
useful riot merely for the purpose of study, but for ready 
reference. This, it is hoped, will render superfluous 
the numerous miscellaneous rules usually adopted by 
deliberative societies, most of which rules re-affirm the 
law which would govern in their absence. 

Writers on parliamentary subjects seem to be fond of 
quoting from Hatsell the saying, that " It is much more 
material that there should be a rule to go by than what 
that rule is." While this is doubtless true, the progress 
which deliberative bodies have made during the past 
century in their methods of proceeding, plainly show s 
that what the rules are is considered important. There- 
fore, in cases where good authorities differ, the author 
has followed that writer who gives the law according to 
analogy, rather than the one who makes unnecessary 
exceptions to general rules. As in the absence of 
statutory law, the common law is in force, so in the 
absence of a special rule, the Parliamentary Law 
governs. It took its origin in the long established 
usages of Parliament, especially the usages of the House 
of Commons. The English law has, so far as this 



INTRODUCTION. 7 

country is concerned, been greatly modified by the 
usages of Congress, more especially by those of the 
House of Representatives. In determining the extent 
of these modifications, it must be remembered that each 
special rule, or decision, particularly if the result of 
party bias, does not necessarily modify the general 
usage. 

While writers in their treatment of Parliamentary 
Law, are not at liberty to set aside the established 
customs to gratify their own fancies or prejudices, they 
have always freely availed themselves of the privilege of 
arranging- the subject in the order they judged best suited 
to the objects in view. The author has made such 
changes in classification, as he believes will tend to 
simplicity. As an example : — the motion to Divide has 
usually been classed as a Subsidiary Question, and a 
Question of Order as an Incidental Question. This 
arrangement is here reversed, in order to make the 
classification conform to the universal custom in the use 
of these questions. In the ordinary sense of the words, 
all subsidiary questions are incidental, and vice versa, 
but the technical use of these terms is explained in the 
proper place. [59, 0, /;.] The chief cause of parliamen- 
tary complications is the existence of what are termed 
Preferred Questions. At best there are many details 
connected with them. The author has attempted their 
classification, to the end that as far as practicable 
general rules may be laid down concerning them. To 
avoid unnecessary repetition, several new terms have 
been introduced, with a full explanation of the sense in 
which each is used. 



8 • INTRODUCTION. 

The student of Parliamentary Law is advised to 
examine with care Articles VI, VII, VIII, and IX, as 
the whole subject is practically mastered by an under- 
standing of the general principles upon which the 
questions therein treated are based. 

In using the work as a book of reference, the mar- 
ginal guide to articles will enable a person at all 
conversant with it, to turn to almost any subject, without 
the aid of the index. If the index is used, the marginal 
guide will greatly assist in turning to the sections, all of 
which have appropriate headings. Concerning motions, 
the Table in the article on recapitulation should be 
first consulted. By the aid of cross references in the 
Table as well as other parts of the work, all the points 
connected with a given subject may be readily ex- 
amined. 

As the method of treatment of details is likely to be 
a vulnerable point in a work of this nature, no apology 
need be offered for the minuteness with which the 
various questions are treated. The great intellects of 
"the world have recognized the importance of attending 
carefully to the little things of life. It is the neglect of 
these in many cases which causes annoyance and 
difficulty. The writer's general aim has been to com- 
bine system, brevity, and completeness. The measure 
of success which has been achieved, must be determined 
by the discriminating reader. 



AMERICAN 



MANUAL OF PARLIAMENTARY LAW. 




III. 

Officers. 
24-29. 

IV. 

Offences. 

30-40. 



V. 

Business. 
4i-55. 



ARTICLE I. 

Organization. 

Section I. A Call for a deliberative 
meeting of any kind, should always be signed. 
The assembly is called to order for the first 
time by one active in convening it. Those 
present then give attention, and, if in a room 
provided with seats, are seated, the gentlemen 
with heads uncovered. [§ 31.] 

2. Chairman. The person calling to 
order, then requests nominations for Chair- 
man, or he himself, if entitled to a vote in the 
assembly, may nominate. A vote is then 
taken upon the names, in the order of their 
nomination, until one receives a majority vote 
and takes the chair. Nominations, being of 
the nature of motions to fill blanks, may be 



VI. 

Questions. 

56-62. 

Vil. 
Privileg. Q 

63-66. 

VIII. 
Subsid. Q- 1 

67-75. 

IX. 
Inciden. Q. 

76-84. 
x. /. 

Deba-ungT/ 

85-90. ( 



XI 

Voi 

91 



Y 



XII. 

Com'tees, 

IO2-IO0. 



XIII. 
Recafitu, 

xn 

SUGGESTK 
II2-II4. 



IO LAW OF ASSEMBLIES. 

debated, but need not be seconded. It is not 
in order to amend by substituting one name 
for another. 

3. Other Officers may then be elected, 
the chairman keeping the minutes until a 
clerk is elected. When two or more persons 
are elected to fill the same office jointly, they 
rank in the order of their election, the first on 
the list being the principal. 

4. A Permanent Organization may be 

made at any time thereafter by the election of 
new officers (or a vote continuing the old), 
through a committee or otherwise. If this is 
not done, the temporary organization becomes 
the permanent one without a special vote. 
When not elected for a definite term, officers 
may be. removed at any time by a majority 
vote. When new officers are not elected at 
the time fixed by rule, an election may take 
place at any time thereafter, the old officers 
meanwhile holding over, but not beyond that 
Assembly Term. [17.] 

5. Eligibility to Office. Care should be 
taken to select temporary officers from those 
who are members, or eligible to membership, 



ORGANIZATION. 



I I 



though in some bodies, by special rule, the 
officers are not members. 

6. Delegated Bodies, as soon as pro- 
vided with temporary officers, should ascer- 
tain who are members. This is best done by 
appointing a committee on credentials to 
examine and report to the assembly for its 
action. In acting on the report, those only 
can vote who are duly returned and whose 
seats are not contested, and the names of 
such should form a separate part of the 
report, that they may be acted on before con- 
tested cases are taken up. 

7. Delegates and Alternates rank for 
admission in the order of precedence indi- 
cated by their credentials. [26, h?\ The 
assembly electing them, may empower dele- 
gates to fill vacancies, or each may be em- 
powered to appoint his alternate, but in either 
case in the absence of a rule, the credentials 
must state the authority conferred. An alter- 
nate, admitted in the absence of the regular 
delegate, is entitled to retain his seat for the 
full term for which he was elected, the regular 
becoming the alternate delegate. If a dele- 



n. 

Meetings. 

i4- 2 3. 

III. 

Officers. 

24-29. 

IV. 

Offences. 

30-40. 



V. 

Business. 

41-55. 



VI. 

Questions. 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q~ I 

67-75. 

IX. 

Inciden. QJ 

76-84. 



X. J, 

Debating, 

85-90. ( 



XI. yr 



91- 



XII. 

Com'tees. 

IO2-IO0. 



XIII. 
Recapitu, 



XIV. 

Suggestion 

112-114. 



12 



LAW OF ASSEMBLIES. 



gate is excused by the assembly before the 
close of the Session, an alternate, if present* 
should be admitted. The one remaining till 
the close of the Session, is entitled to the 
emoluments. 

8. Contested Seats. A person's right 
to membership being questioned, he is entitled 
to a hearing, after which he should absent 
himself until it is decided. If permitted to 
remain, he must take no further part either in 
speaking or voting, until the question is de- 
cided. This rule also applies to other cases 
where a person's private interest, or conduct 
as a member, is concerned. 

9. Equality of Rights is a fundamental 
principle, and knows no distinction of race 
or sex To make a distinction, it must be 
clearly set forth in the call for the meeting, or 
the laws or rules governing it. The masculine 
pronoun, for example, often comprehends 
both sexes, and its mere use, though frequent, 
would not exclude either. The following are 
modifications of the general rule of equality: 

a. Youth. In the absence of a rule to 
the contrary, members must have attained a 



ORGANIZATION. 



1 3 



majority, which, by law, is in most states fixed 
at twenty-one years. 

b Idiocy, Insanity, and Intoxication, 
each and all, totally disqualify from participa- 
tion in deliberative assemblies. 

c. Private Right, distinct from public 
interest, being involved, the member con- 
cerned has no right to vote. If, however, it 
is a question relating to his conduct as a 
member, and other names are included with 
his. he being one of a class affected, he is 
entitled to a vote, though delicacy might 
sometimes prevent his exercising that right. 
If it is a question of pecuniary interest, the 
parties named in a bill, or other proposition, 
either individually or collectively, are ex- 
cluded from voting thereon, whatever their 
interest may be. Those not named as parties 
must be shown to have a direct pecuniary 
interest in having the measure adopted, or 
defeated, in order to exclude them from 
voting. If the interest is one which can be 
disclaimed, that may be done before or after 
voting. A member's right to vote, may be 
decided by the assembly before or after the 
vote upon the measure. 



ii. 

Meetings. 
i4- 2 3. 

III. 

Officers. 
24-29. 

IV. 

Offences. 
30-40. 



V. 

Business. 

4i-55. 



VI. 

Questions, 
56-62. 

Vil. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q~ j 

67-75. 

IX. 

Inciden. QJ 

76-84. 

X - J 
DEBA'l ixg?> 

85-s 




XII. 

Com'tees. 

IO2-IO0. 



XIII. 

ReCAPITV,; 

xi\ 

Suggestion: 
112-114. 



14 . LAW OF ASSEMBLIES. 

d. Offenders against morality, decorum, 
or the rules of the assembly, are liable in 
some cases to have their privileges abridged, 
or annulled, by vote. [32.] Whether immoral- 
ity would be ground for discipline, would 
depend upon the nature of the organization; 
for it is clear that it would not be sufficient 
cause for depriving a stockholder of a corpo- 
rate society of his pecuniary rights. The 
next section contains a brief statement of 
some of the rulings of courts relating more or 
less directly to this question. 

10. Court Decisions. Courts of differ- 
ent states have held that a church, as a 
religious body, is distinct from a body which 
has availed itself of a general state law for 
incorporation, though one may exist within 
the pale of the other. With the action of the 
former, as well as that of other voluntary 
societies in maintaining their discipline, the 
courts do not interfere, and hence a person 
may be expelled from church membership on 
account of immorality. In relation to the 
corporate body, and other societies incorpo- 
rated under state law, the courts have held 
that " without an express power in the charter, 



ORGANIZATION" 



15 



no person can be disfranchised, unless he has 
been guilty of some offence which either 
affects the interests or good government of 
the corporation, or is indictable by the law of 
the land," and in the latter case he must first 
have been convicted by a jury. (2 Binney, 
441, 6 Lansing, 172.) The Supreme Court 
of the United States has made a decision (13 
Wallace, 679) in relation to church property 
in case of a schism, in seeming conflict with, 
the foregoing, in substance, as follows: When 
the conveyance is, 

a. For a Specific Purpose. When by 
the express terms of the instrument under 
which the property is held, it was devoted to 
the support of some specific charity, or form 
of religious doctrine, or belief, the courts will 
protect in the use of the property those in- 
terested in the execution of the trust. 

b. For General Purposes to an Inde- 
pendent Congregation. When by the 
terms of the instrument under which property- 
is held, it was devoted to the use of the Con- 
gregation as a religious society, such society 
being independent of higher church govern- 
ment, the religious opinions of those wha 



11. 

Meetings. 
14-23- 

III. 

Officers. 

24-29. 

IV. 

Offences. 
30-40. 



V. 
Business. 

41-55. 



VI. 

Questions, 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q, \ 

67-75. 

IX. 
Inciden. Q. 

76-84. 



X. I 
Debai INGfj 



XI 

V.,71 

91 



£5-90. ( 



XII. 
Com'tees. 

IO2-IO0. 



XIII. 

Recapitu, 



XI\ 

Suggestions 

112-114. 






1 6 . LAW OF ASSEMBLIES. 

compose the organization cannot be examine 
by the courts. In case of a schism, the rig] 
to the property -must be determined by tl 
ordinary principles which govern voluntas 
associations. If the principle of governmei 
in such cases is that the majority rules, the 
the majority of members must control tl 
right to use the property. If there are with 
the congregation officers in whom are veste 
the power of such control, then those wr. 
adhere to the acknowledged organization, ai 
entitled to the use of the property. 

c. To a Subordinate Congregation. ] 
a case of schism in a religious congregatic 
holding property as a " subordinate memb< 
of some general church organization, in whic 
there are superior ecclesiastical tribunals, wit 
ultimate power of control more or less con 
plete in some supreme judicatory over tl 
whole membership of that general organiz. 
tion, then whenever the questions of* di 
cipline, or of faith, or ecclesiastical nil 
custom or law, have been decided by tl 
highest of their judicatories to which tl 
matter has been carried, the legal tribuna 
must accept such decisions as final, and ; 



ORGANIZATION. 



17 



binding on them in their application to the 
case before them." 

11. Quasi Members are distinguished by 
various names. They are sometimes called 
honorary members. In the U. S. House of 
Representatives they are called delegates, 
and are sent from territories. In the absence 
of a rule, they are entitled to all the rights 
and privileges of full members, except voting, 
and to raise an objection when unanimous con- 
sent is asked, is equivalent to voting. The 
election of a Quasi Member to office would 
not, in the absence of a rule, confer the 
privilege of voting. 

12. A Quorum consists of a majority of 
the voting members. The president should 
not take the chair until a quorum appears to 
be present, except for the purpose of adjourn- 
ment ; and when a count shows that there is 
not a quorum, the business cannot proceed, 
but the assembly may discuss questions, and 
adjourn from time to time until a quorum is 
present. When the membership is indefinite, 
as in a citizen's meeting, a quorum is not 
regarded. 

2 



11. 

Meetings. 
i4- 2 3- 

III. 

Officers. 

24-29. 

IV. 
Offences. 

30-40. 

V. 
Business. 

41-55. 



VI. 

Questions. 
56-62. 

VI 1. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q-i 

67-75. 

IX. 
Inciden. Q.^ 

76-84. 



X. J 

Deba'i ing^ 

85-90. f 

XI 

YOTIKW 

XII. 
Com'tees. 

I02-I03. 



XIII. 
Rf.capitu, 



m- 



XIV. 

SUGGESTIO 
II2-II4. 



»" '"»• 



15 LAW OF ASSEMBLIES. 

13. Parliamentary Law. As soon as a 
temporary organization is effected, it is well 
to adopt as authority, until otherwise ordered, 
some work on Parliamentary Law. [112, c, 9.] 
In some cases this will be found to answer for 
the Session, while in others it will suffice 
until the assembly is ready to adopt rules. 










ARTICLE II. 

Meetings. 

14. Regular Meetings. When an as- 
sembly is convened for a Session of several 
days, and no hour is fixed by rule or vote for 
another day's Sitting, an adjournment would 
be to the hour named for the first Sitting. 
When an intermission is provided for in 
advance, an adjournment before the time for 
intermission, unless specific, would not be to 
the hour at which intermission closes, but to 
the time of the next Sitting. 

15. Special Meetings, in the absence of 
a rule, should not be called, except in extreme 
cases, when they may be called by the execu- 
tive committee, if one exists. Sufficient 



MEETINGS. 



J 9 



notice must be sent each member, or the 
notice must be published in such manner that 
all shall have a reasonable opportunity of 
being apprised of it. No business except that 
named in the call, should be transacted at a 
special meeting. 

16. Divisions. The meetings of deliber- 
ative assemblies are separated into the follow- 
ing divisions: 

Assembly Terms, Sessions, Session Periods, 
Sittings, Sub-Sittings, Stages' of Business, and 
Parliamentary Days. 

17. Assembly Term. In purely repre- 
sentative bodies there is a time when the term 
of office of all, or a considerable portion of, 
the members expires, and a new body is 
formed. The time between two such periods, 
is called an Assembly Term. In Congress the 
senatorial term is six years, while the term 
of Representatives and the Assembly Term 
are each two years. Boards of Trustees, etc., 
may sometimes be said to have Assembly 
Terms. 

18. A Session includes all the sittings of 
one convention until it adjourns sine die, the 



11. 

Meetings. 

i4- 2 3- 

III. 

Officers. 

24-29. 

IV. 

Offences. 
30-40. 



V. 

Business. 

4i-55- 



VI. 

Questions. 
56-62. 

VI 1. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q~ 

67-75; 

IX. 
Inciden. Q. 

76-84. 




XII. 
Com'tees. 

102-Ioi. 



XIII. 

Recapitu, 



XIV 

Suggestion* 

112-114. 



m 



20 



LAW OF ASSEMBLIES. 







different parts separated by temporary ad- 
journment, being considered parts of the same 
meeting, as " The annual Session of the legis- 
lature." This word is often used for Sitting, 
but in this work it is used in its strict sense. 

19. Session Period. When Sessions are 
held as seldom as quarterly, a Session Period 
is the Session. When held oftener, it is a 
space of time covering three calendar months, 
dating from any specified time 

20. Sitting" is used in this work to denote 
that part of a Session separated from the rest 
by temporary adjournment ; as, " The evening 
Sitting/' When a society holds one regular 
Sitting each week, or month, each Sitting is a 
Session. 

21. A Sub-Sitting is that part of a Sitting 
separated from the rest by an intermission. 
An intermission separates different Sub- 
Sittings. An adjournment separates different 
Sittings. A close, or adjournment sine die, 
separates different Sessions. A dissolution 
separates different Assembly Terms. Ad- 
journment is used generically to cover tem- 
porary adjournment, close, and dissolution. 



MEETINGS. 



21 



and it is also frequently used specifically tor 
either. In Congress, " recess" is used for 
intermission, and also to indicate an adjourn- 
ment over several Sittings. 

22, Stage of Business includes that 
portion of time in which the business is in the 
same condition. For example, if a question 
is pending, and a motion is made to Postpone, 
the Stage is changed, and if adopted, It is 
again changed, but if lost, the Stage of Busi- 
ness becomes the same as it was before the 
motion to Postpone was offered. The Stage 
is not changed, however, while an undebatable 
motion is pending, except temporarily during 
interruption by a Privileged Question, other 
than to Adjourn. 

23. Parliamentary Day. The whole of 
a Sitting is, in a parliamentary sense, held on 
the same day, even though continued past 
midnight. 



in. 

Officers. 
24-29. 

IV. 
Offences. 

30-40. 



V. 

Business, 

4 I ~55- 



VI. 

Questions. 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q. 

67-75, 




XIII. 

Rec, 

XI\ 

SUGGESTIOR 
II2-II4. 






22 



LAW OF ASSEMBLIES. 




ARTICLE III. 

Duties of Officers. 

24. The Presiding Officer of temporary 
organizations and committees is usually called 
a chairman ; in religious bodies, moderator. 
In permanent organizations the common title 
is president, and this teim is used in this 
work to include the foregoing and all other 
names applied to this officer. It is his duty ; 

a. To Call the Assembly. to order at the 
proper time and place. 

b. To State all Questions that are in 
order, and to put them to vote at the proper 
time. He may rule out, subject to appeal, 
questions obviously frivolous. He should rise 
to take the question, if the vote is approxi- 
mate [96], but if he prefers, he may read and 
state motions sitting. 

c. To Announce the result of all votes and 
the business in its order. 

d. To Certify, when necessary, to the pa- 
pers and proceedings of the assembly. 

e. To Decide Questions of Order, the de- 
cision being subject to appeal. He should 
call to order members who depart from 



DUTIES OF OFFICERS. 



2 3 



decorum or from the rules of the assembly. ' 
He may call to order, and caution a member, 
when satisfied that he is about to commit a 
breach of order, but great care and judgment 
should be used in exercising this privilege. 
He has preference in speaking to Questions 
of Order, and should rise for that purpose. 
Except on Questions of Order and Appeal, 
he must vacate the chair before engaging in 
debate. 

/. To Enforce the rules of order and deco- 
rum as long as the assembly supports him in 
so doing, and to see that the officers perform 
their duties. 

25. The Vice-President acts in the ab- 
sence of the president, or when he leaves the 
chair to take part in the proceedings. When 
a motion is made referring to the president 
exclusively, or nearly so, it should be put by 
the vice-president, if he is occupying his 
official seat ; otherwise, by the clerk. 

26. The Clerk is called Secretary, Re- 
corder, Scribe, etc. It is his duty: 

a. To Call to Order, in the absence of 
officers entitled to the chair, and to preside 



in. 

Officers. 
24-29. 

IV. 

Offences. 

30-40. 



V. 

Business. 



VI. 

Questions. 
56-62. 

Vil. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q fc 

67-75. 

IX. 

Inciden. Q. 

76-84. 




XII. 
Com'tees. 

102-103. 



XIII. 

Recapitu 



XIV. 

Suggestk 
112-114. 



I 



24 



LAW OF ASSEMBLIES. 






until the election of a chairman pro tempore, 
which should be immediately made. 

b. To Call the Roll, and note absentees, 
or in voting by yeas and nays, to record the 
vote of each member. 

c. To Announce the receipt of all papers 
addressed to the assembly which are in his 
possession. 

d. To Certify, when necessary, to the 
papers and proceedings of the assembly. 

e. To Read the journal, and such papers 
as are ordered to be read, rising for the pur- 
pose. 

f. To have Charge of the journal of pro- 
ceedings, and of all documents belonging to 
the assembly, not within the province of the 
treasurer, and not otherwise provided for. 
All official books are subject to the inspec- 
tion of members at all proper times. 

g. To Keep Minutes of the proceedings of 
the assembly, and after they are approved, to 
enter them on the journal. In some assem- 
blies, the minutes should show only what is 
done and passed, but in the absence of a 
rule, all principal motions should be record- 
ed, even though they do not prevail. Among 






DUTIES OF OFFICERS, 



2 S 



other things, the minutes should state time 
(and place, when variable) of meeting; wheth- 
er regular or special ; adjourned regular or 
adjourned special ; officers present, officers 
absent, and appointments/;^ tem.\ the names 
ot speakers on each side of all measures ; the 
number of votes on each side, in case of a 
division ; whether the minutes of previous 
meeting were approved ; the hours at which 
the Sitting was convened and adjourned. 
When the occupant of the chair is changed 
during the Sitting, it should be noted in the 
minutes. No part of the minutes can be ex- 
punged except by unanimous consent, but 
the journal may be corrected by a majority 
vote. 

h. To Prepare the Credentials of dele- 
gates or representatives. They should state 
the precedence of each by numbers, com- 
mencing with the one having the highest 
number of votes. When two or more candi- 
dates receive the same number of votes, they 
rank in the order of nomination. This rule 
applies also to alternates. A member elected 
to fill a vacancy takes the same rank as the 
one whose place he supplies. [7.] 



IV. 

Offences. 
30-40. 



V. 
Business. 

41-55. 



VI. 

Questions. 

56-62. 

Vil. 
Privileg. Q 

63-66. 

VIII. 
Subsid. Q~ 1 

67-75. 

IX. 
Inciden. Q. 

76-84. 




XII. 
Com'tees. 

I02-I03. 



XIII. 

RECAPlTUy 

XIV 

Suggestion 

112-114. 



26 



LAW OF ASSEMBLIES. 



/. To Notify Committees of their ap- 
pointment and to furnish them with neces- 
sary papers. He should arrange the names 
of members of a committee in the order of 
their appointment, according to the last sub- 
section. 

j. To Indorse Reports with the date of 
reception, names of committee and action 
taken, and to place them on file. On their 
adoption, a summary, at least, should be 
entered on the journal. If containing recom- 
mendations or resolutions, these should be 
entered in full on the journal. The report, 
and not the proceedings of a Committee of the 
Whole, should be entered. The reporting of 
speeches for publication, should devolve upon 
a separate clerk. 

k. To Number Drafts in consecutive 
order, without changing the series until the 
assembly orders a change. The numbering 
of other papers should also follow this rule. 

27. The Treasurer receives all moneys 
belonging to the assembly, and pays it out 
only on its orders, attested by the president 
and clerk. He must keep accounts in detail 
of all moneys received and paid out. In case 



DUTIES OF OFFICERS. 



27 



there is a financial clerk, he receives and the 
treasurer disburses. 

28. The Doorkeeper has charge of the 
entrance to the assembly room and should 
be able to announce the names of all who 
enter while a vote is pending. 

29. Substitutes. In the absence of an 
officer, the president, being present, may ap- 
point or the assembly may elect an officer 
pro te?n. When it is necessary for the presi- 
dent to vacate the chair in the absence of a 
vice-president or other officer authorized to 
preside, he may appoint or the assembly may 
elect a chairman pro tern. The one so select- 
ed may yield the chair on the arrival of a 
permanent officer entitled to the office, but 
he can be compelled to do so before the 
close of the Sitting only by vote of the assem- 
bly. The place of a pro tem. officer is liable 
to be vacated at any time by the election of 
a pro tem. successor. Except as above, an 
appointment pro tent, holds till the close of 
the Sitting, and an election pro tem. till the 
close of the Session. 



IV. 

Offences. 

30-40. 



V. 

Business. 

4i-55- 



VI. 

Questions. 



VII. 

Privileg. Q 

63-66. 

VIII. 

Subsid. Q. 

67-75. 

IX. 

Inciden. Q. 

76-84. 




XTI. 

Com'tees. 

102-100. 



XIII. 
Recapiti/,; 

r> 

XIV 

Suggestion. 

112-114. 



LAW OF ASSEMBLIES. 




ARTICLE IV. 

Offences. 

30. Disorder is classed under two heads. 
It becomes — 

a. A Subject of* Privilege, which is 
classed under Privileged Questions [$S, b\ 
when the proceedings of the assembly are 
interrupted or disturbed, or its rights or 
those of individual members infringed ; 

b. A Question of Order, which is classed 
under Subsidiary Questions [59, a\ when the 
proceedings of the assembly are not con- 
ducted according to the rules, as would be 
the case if questions were not properly pre- 
sented or introduced in proper order, or if 
members were allowed to speak irrelevantly. 

31. It is a Violation of Parliamentary 
Law — 

a. For Gentlemen to Wear their Hats 
in an assembly room, except where religious 
or conscientious scruples require it. 

b. To Remain Standing, if seats are pro- 
vided. 

c. To Move about the room unnecessarily, 
or while a vote is being taken. 



OFFENCES. 



2 9 



d. To Pass between the president and a 
speaker. 

e. To Disturb Others in any manner, as 
by smoking, whispering, hissing, or applaud- 
ing, the latter more especially when the 
assembly is divided in sentiment. 

f. To Designate a member by name in 
debate. He should be described by his offi- 
cial title, or as the member who last spoke, 
etc. 

g. To Refer to the proceedings or opin- 
ions of a committee or coordinate legislative 
branch, or of the executive, except on mat- 
ters regularly reported or officially communi- 
cated, also to refer in Committee of the Whole 
to the proceedings or arguments used in the 
assembly. 

h. To Reflect upon the acts of the assem- 
bly, unless such action is under reconsidera- 
tion or repeal. 

i. To Interrupt with calls for the ques- 
tion, or impertinent Questions of Order or 
Subjects of Privilege. 

/ To Misrepresent another's remarks, or 
when he is not under discipline to impute 
unworthy motives to him. 



IV. 

Offences. 
30-40. 



V. 

Business, 
41-55. 

VI. 

Questions, 

56-62. 



VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q- 

67-75. 

IX. 
Inciden. Q. 

76-84. 



X. 
Deba'iing 



XI 

VoT 
91 



1IXf 



XII. 

Com'tees. 
102-10 j. 

XIII. 
Recapitu,; 

XI\ 
Suggestion; 



112-114. 



§ 






3° 



LAW OF ASSEMBLIES. 




k. To Use Language insulting or disre- 
spectful toward the assembly or any of its 
members. 

/. To Neglect Official Duty. 

32, The Penalty for either of the pre- 
ceding offences, or for any other offence, 
should be in proportion to its gravity and the 
motive, of the offender. If not excused, he 
may be expelled, or made to submit to any of 
the following penalties under pain of expul- 
sion : apology, prohibition from speaking or 
voting, suspension (exclusion from the as- 
sembly room) for a specified time, fine, repri- 
mand, or removal from office. Punishment 
for official misconduct need not be confined 
to the last named penalty. 

33. Open Contempt. Insulting language 
or other form of open contempt toward the 
assembly, must be noticed immediately, if at 
all ; for, if the offender concludes his re- 
marks and another is permitted to speak, or, 
if other business follows before the open con- 
tempt or insulting language is noticed, it is 
then too late to have it recorded or to affix a 
penalty. If noticed at the time, it is a subject 
of the highest privilege. 



OFFENCES. 



3* 



a. Recording. The offending member 
should be interrupted by the chair or other 
member, when the objectionable act should 
be named, or the improper language stated,, 
verbatim if possible, either verbally or in 
writing. The chair or assembly may then 
order the clerk to record the language or to 
note the act. 

b. Decision of Fact. The act or lan- 
guage is then read from the minutes by the 
clerk, when, in case of denial by the member, 
the assembly confirms or amends, according 
to the facts. 

c. An Explanation of the act or of the 
sense in which the words were used, may 
then be made by the member, or he may jus- 
tify them or apologize. 

d. A Question of Guilt, if the explan- 
ation is not accepted as satisfactory, may then 
be raised by motion, or the subject may be 
postponed for future action. 

34. Written Charges. Offences not com- 
mitted in open assembly, should be brought 
to notice by written charges, signed by a 
member of the assembly who is not under 
charges or discipline, stating with reasonable. 



v. 

Business. 
41-55. 



VI. 

Questions. 

56-62. 

VII. 
Privileg. Q 

63-66. 

VIII. 

Sl'BSID. Q-1 
67-75- 

IX. 

Inciden. Q. 

76-84. 



X. 
Debai in<J! 




XIV. 

SUGGESTIOl 
II2-H4. 






3 2 



LAW OF ASSEMBLIES. 



1 



clearness, beside the general offence, the 
particular specifications. 

35. Trial. Members under charge, unless 
they make confession in open assembly, or 
before the proper committee, are entitled to 
an impartial trial without unnecessary delay. 
Such trial may take place in the assembly, 
the clerk giving the accused notice [108, //], 
but it is usually referred to a committee 
[108.] Proof of conviction for an indict- 
able offence is sufficient ground for expulsion. 
[For method of impeachment by legislatures, 
see Barclay's Digest, 2d sess. 42d Cong., pp. 
107-110, and Manual of U. S. Senate, 1877, 
p. 169.] 

a. Action on the report of the committee, 
may take place when it is received, if the 
accused consents ; otherwise, a time should 
be fixed for its consideration, and the clerk 
should send notice to the accused with a 
copy of the report. The accused shall be 
heard by the assembly and then retire [8]. 
If it is a personal matter between the two 
parties, after a hearing, the accuser and 
accused should retire. Counsel for the par- 
ties, if not members of the assembly, can 



OFFENCES. 



33 



remain only by permission. While consid- 
ering the report, no new evidence is to be 
permitted, but the report may be recom- 
mitted for further evidenced [108.] Before 
action, the accused, if reported guilty of con- 
tempt in not appearing before the committee 
[108, c], may offer an excuse, and if this is 
accepted, the case may be recommitted. 

36. Balloting. Voting on the adoption 
or amendment of the committee's report or 
upon the verdict or penalty in other cases, 
must be by ballot, if the accused or any other 
member requires it. 

37. Standing. The accused is consid- 
ered innocent until guilt is confessed in the 
assembly or before the committee to whom 
the matter is referred, or until he is decided 
guilty by vote, after which he can take no 
part in the assembly, but may be present 
until the penalty is decided, except as indi- 
cated in § 8. 

38. Ejection. An assembly being lawful- 
ly in possession of the premises, may eject, 
forcibly, if necessary, any person not entitled 
to admission, or who conducts himself in an 

3 



v. 

Business. 

4 I ~55- 

VI. 

Questions. 
56-62. 

VII. 
Privileg. Q 

63-66. 

VIII. 
Subsid. Q» 

67-75- 

IX. 
Inciden. (X 

76-84. 



X. J, 
Debai ixG \j 

85"9<V// 




XII. 

Com'te 

102-10S 



XIV. 

SUGGESTIO] 
112-114. 






34 



LAW OF ASSEMBLIES. 






improper manner. For this purpose the pres- 
ident may detail members. In the removal, 
should either of them use harsher means than 
are necessary, such person, and not the assem- 
bly, would be responsible at law. 

39. Reconsideration. A question of guilt 
or penalty cannot be reconsidered The sen- 
tence maj afterward be remitted or commuted 
in case of fine or suspension, but it cannot be 
commuted in case of expulsion. 

40. After Expulsion, an assembly may 
publish that the person has ceased to be a 
member, but to publish the charges might be 
deemed libelous. 



ARTICLE V. 

General Business. 

41. Obtaining the Floor. To secure 
attention of the assembly for any purpose, 
even to make a nomination, or to second a 
motion, the member must obtain the floor by 
rising (infirm people are permitted to sit) 
and addressing the presiding officer by his 






GENERAL BUSINESS. 



35 



proper title. That officer will recognize him, 
usually by calling his name, after which the 
member may proceed in order, standing un- 
covered [31, ^] until he concludes. 

42. Floor Contested. The member who 
first rises is usually entitled to the floor, but 
there are exceptions, and often two or more 
rise at once. The decision of the chair being 
unsatisfactory, any member may designate 
the one whom he believes entitled to the 
floor. The chair then takes the question, 
first, as to the member he has recognized, 
and, if that is negatived, as to the member 
next named, no debate being permitted. The 
chair should decide in favor of the member, 

a. Who rises to a Subject of Privilege. 

[6 S .] 

b. Who rises to a Question of Order 
or Appeal. [68.] 

c. Who gives the necessary second to 
a motion or appeal just made. 

d. Entitled to the floor when the sub- 
ject was interrupted. 

e. Who first rises and addresses the chair 
after the floor is vacated. 



v. 

Business. 

4i-55- 



VI. 

Questions. 

56-62. 

VI 1. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q„ I 

67-75. 

IX. 
Inciden. Q. 

76-84. 




XII. 

Com'tees. 

102-105. 



XIII. 

Recapituw 

XIV 

Suggestioi 
112-114. 



36 



LAW OF ASSEMBLIES. 



/. Who was the mover of the proposition, 

g. Who rises in his proper place. 

h. Who seldom speaks. 

/. Who is farthest from the chair. 

43. Interrupting a Speaker. If a member 
is in possession of the floor, and a Subject of 
Privilege or Question of Order is to be raised, 
the object should be stated when the chair is 
first addressed, as, " Mr. President, I rise to 
a Subject of Privilege," or, "to a Question of 
Order " The chair then permits the person 
interrupting to state his matter of preference, 
the other, meanwhile, being seated. A Sub- 
ject of Privilege very rai-ely warrants the 
interruption of a member. An appeal may 
be made, or a motion or appeal just made 
may be seconded, if a second is required, in 
the same manner. In like manner a question 
may be raised as to title to the floor when 
more than one member rises [42], or a vote 
may be doubted when announced by the 
chair. [97.] 

44. Motions and Seconds. Propositions 
foi action are, in general, called motions or 
resolutions. Proposed laws in legislative bod- 



GENERAL BUSINESS. 



37 



ies are called bills. All questions require a 
verbal or written second, except " to take up 
the Special Orders [66\ Questions of Order 
[68], title to the floor [42], doubt as to the 
result of a vote [97] filling blanks [73, <?], 
and other nominations [2] and measures in- 
troduced from a coordinate branch. Suffi- 
cient time must be allowed for a motion to 
be seconded, or for an appeal from a decision 
to be presented, before other business is 
allowed. The chair may require all princi- 
pal motions, amendments and instructions 
to committees, to be written, or he may enter- 
tain and write them himself. 

45. Stating the Question. This is done 
by the chair [94] after the motion is second- 
ed, and before any one is allowed to debate 
it [85, 86] or make any motion whatever. 
The chair may, however, permit members to 
make reasonable suggestions, which often 
facilitate business. When regularly before 
the assembly, the question is usually stated 
from the chair or read as often as may be 
necessary for the information of any mem- 
ber. [81.] 



VI. 

Questions. 



VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q- J 

67-75. 

IX. 
Inciden. Q. 

76-84. 




XIII. 

Recapiti;,; 

10 T" 



XIV. 

SUGGESTlOl 
II2-II4. 



38 



LAW OF ASSEMBLIES. 



46. A Petition should be signed unless 
the petitioner is present. The member pre- 
senting it should state briefly its nature, and 
be able to assure the assembly, if required, 
that its language is not disrespectful. He or 
any other member may then move to receive 
it- [49-] If received, the member sends or 
takes it to the clerk, who proceeds to read 
it. If the motion to receive is tabled, the 
petition is retained by the member offering it. 
Communications intrusted to members, or 
directed to the clerk or president, may be 
presented in a similar manner. 

47. Reports. At the proper time, the 
member rises in his place and informs the 
chair that he is prepared to present the re- 
port of his committee, naming its title. The 
question of reception is determined as in the 
last section. If received, the member usually 
reads it and hands it and all papers connect- 
ed therewith to the clerk. If lengthy, how- 
ever, it is sometimes received and the reading 
deferred until the assembly is ready to act 
upon it. When action is taken, the recom- 
mendations or resolutions and argument may 
be amended, but it is usually quite sufficient 



GENERAL BUSINESS. 



39 



to amend the former. The report of the 
chairman of a Committee of the Whole, is 
made as soon as the committee rises. [107, 
d, (5).] If progress is reported and leave 
granted to sit again, the time of sitting will 
be fixed. If leave is not granted, the subject 
comes up before the assembly in its original 
state. 

48. Action on Reports. After a report 
is read, a motion to receive is not called for. 
The proper motions on ratifying it in any 
form are, to adopt, to agree to it, or to 
accept it; the first is the best form. In the 
absence of an Order of Business, or, if under 
the head of "Reports," it maybe acted on 
when presented ; but, if under the head of 
"Reception of Reports," it must lie over 
until unfinished business is reached, unless it 
is made a Special Order. This section suffi- 
ciently defines the proper time for action on 
petitions. 

49. Informalities. In routine business 
the president often takes it for granted that 
a motion is seconded, or moved and sec- 
onded. He allows a paper to be read, a 
report to be received, a motion to be divided 



VI. 

Questions. 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q. j 

67-75. 

IX. 
Inciden. Q. 

76-84. 




XII. 
Com'tees. 

102-103. 

XIII. 

Recapituw 

XIV 
Suggestion; 




4o 



LAW OF ASSEMBLIES. 



or withdrawn, without putting the question, 
and, in the absence of any other motion, he 
announces the question to be on the adoption 
of the report. The report of a committee on 
distribution or programme, is often consid- 
ered as adopted when presented, the latter, 
however, subject to future revision. After 
the journal is read, he gives time for objec- 
tions or corrections, stating that, " If there is 
no objection, the minutes will stand approved 
as read," or, "as amended," and there being 
no objection, he declares them approved. In 
all such cases when an objection is raised 
before the business is concluded, the chair 
should require a question and -vote in the 
regular form. 

50. The Death of a member may be 
announced by any member duly informed 
of the fact, and such announcement goes 
upon the records as official. 

51. Renewals and Repeals. When the 
negative of one question is equivalent to the 
affirmative of another, the decision of one 
precludes the introduction of the other. A 
motion withdrawn, and sometimes Questions 
of Order [68], may be renewed, but a ques- 



GENERAL BUSINESS. 



4* 



tion once acted on or repressed [75], can- 
not again be brought forward (renewed or 
repealed) during the same Session Period, 
except — 

a. When the action is illegal, in which 
case it may be rescinded or repealed. [55.] 

b. When the measure is introduced 

FROM A COORDINATE LEGISLATIVE BRANCH. 

c. When it has been decided to recon- 
sider [82], .or when a bill is vetoed, in either 
case the question is again acted on without, 
an additional motion for that purpose. 

d. Auxiliary Questions may be re-intro- 
duced after a subject is reported back from a 
committee (though in its original form), or 
after it has been decided to reconsider the 
Main Question, or at different readings of a 
bill in legislative bodies. In the cases named 
in this subsection the Main Question is newly 
opened to debate. Further (apparent) excep- 
tions to this section are named in the two 
following. 

52. Quasi Renewals. A motion to Ad- 
journ, meaning that the assembly do now 
adjourn, becomes technically a different mo- 



VI. 

Questions. 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. CX. I 
67-75. 

IX. 

Inciden. Q. 

76-84. 



X. 




XII. 
Com'tees. 

I02-I03. 



XIII. 
Recapitu, 



109 



y 



XI\ 

Suggestion. 



112-114. 






■ 



42 LAW OF ASSEMBLIES. 

tion when made at another time during the 
same Sitting, though the wording is the same. 
For this and similar reasons, the following 
motions, classed as Quasi Renewals, if lost, 
may be again introduced as stated below, and 
hence' cannot be reconsidered: 

a. To Adjourn may be re-introduced at 
another Stage of Business, or after progress 
in debate, or after business is found to be 
completed. 

b. To Take up the Special Orders, after 
disposing of the pending subject. 

c. The Subsidiary Questions, to Lay on 
the Table, to Close Debate, to Postpone to 
a Stated Time, to Commit, and to Repress, 
may be re-introduced at another Stage of 
Business, or on another day. 

d. To Open Nominations may be made 
or re-introduced after a vote is taken or a 
nomination withdrawn or declined. 

e. To Close Nominations may be moved 
or re-introduced after another nomination is 
made. 

/. The Resultant Questions, to Agree, 
to Recede and to Adhere, may be again moved 



GENERAL BUSINESS. 



43 



after the measure is returned from the other 
house. [74.] 

g. The Original Questions, to Take an 
Intermission, to Take from the Table, to 
Discharge a Special Order and to Relieve a 
a Committee, may be re-introduced after 
another subject of business intervenes. 



53. Quasi Repeals. Some motions, if 
adopted, may afterward be disposed of with- 
out being -repealed, and in such cases it is 
not in order to move a reconsideration. Such 
may be disposed of as follows: — 

a. To Adjourn or to Take an Intermis- 
sion. The only sense in which these motions 
may be said to be subject to Quasi Repeal, 
lies in the fact that provision is made for 
re-assembling. They could not, in any event, 
be reconsidered, as after their adoption no 
motion can be received until the assembly 
is reconvened. 

b. To Take up the Special Orders. 
They may be postponed after disposing of 
one order. 

c. To Lay on the Table. A motion to 
Take from the Table may be made or re- 



VI. 

Questions. 
56-62. 

VI 1. 

Privileg. Q 

63-66. 

VIII. 
Subsid. QV| 

67-75. 

IX. 
Inciden. Q. 

76-84. 



X. j 

DEBA'l ing 

85-90. / 






XI. 

VOT 

9 1 



XII. 

Com'tees. 

I02-I0i. 



XIII. 
Recapitu, 



IOQ-1IJ 

XIV. 

SUGGESTN 
II2-II4. 



y 



44 



LAW OF ASSEMBLIES, 



introduced after another subject of business 
intervenes. 

d. To Close Debate. If a subject is com- 
mitted by vote taken after debate is closed, 
it will be opened for debate by all when the 
subject is resumed, even though the commit- 
tee is discharged before reporting. The same 
is true of a motion passed under a close of 
debate and afterward reconsidered. 

e. To Make a Special Order. To Dis- 
charge a Special Order may be moved or 
re-introduced after another subject of busi- 
ness intervenes. 

f. To Commit. To Relieve a Committee 
from the further consideration of a subject, 
may be made or re-introduced after another 
subject of business intervenes. 

g. To Open Nominations. To Close Nom- 
inations may be moved or re-introduced after 
another nomination is made 

h. To Close Nominations. To Open 
Nominations may be moved or re-introduced 
after a vote is taken or a nomination with- 
drawn or declined. 

/. The Resultant Questions, to Dis- 
agree and to Insist, may be annulled by the 






GENERAL BUSiNESS. 



45 



motion to Recede after the measure is re- 
ceived from the other house. [74.] 

j. To Take from the Table. To Lay 
on the Table may be moved or re-introduced 
at another Stage of Business or on another 
day. 

k. To Discharge a Special Order. To 
make a Special Order may be re-introduced 
at another Stage of Business or on another 
day. 

/. To Relieve a Committee. A subject 
may be recommitted at another Stage of 
Business or on another day. 

54. Quasi Contracts. Some votes par- 
take of the nature of contracts and may 
be termed Quasi Contracts. They cannot be 
reconsidered. They may be defined as fol- 
lows: — 

a. An Election, if not declined, is of the 
nature of a contract, as it is a tender on the 
part of the assembly, and a tacit acceptance 
on the part of the one elected. Hence a 
person who accepts an office for a stated 
term, and afterward resigns, is not released 
until the resignation is accepted by the as- 
sembly. It follows therefore that an election 



VI. 

Questions, 
56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 

SUBSID. QA 

67-75- 

IX. 
Inciden. Q. 

76-84. 



X. 
Debai ING, 



85-9* 



XI 

VOT 

9 1 



,-iixf 



XII. 
Com'tei 
102-ioi. 



Recapi" 

109- 

XIV. 

SUGGESTIC 
112-11 



46 



LAW OF ASSEMBLIES. 



cannot be reconsidered. In some cases either 
an election or rejection may be the result. 
As both conform to the same rule, a recon- 
sideration cannot take place in either case. 
In an election to membership or other privi- 
lege, or to office, if there is but one candidate 
who receives votes for the privilege or po- 
sition, and that one fails of an election, he 
cannot again be a candidate for the same 
position at the same election ; but if more 
than one are voted for, however small the 
vote either receives, he may again be a candi- 
date at the next vote. This relates to persons 
only, 

b. Trials. The principle that a person 
cannot be tried twice for the same offence, 
except by appeal [69], is recognized in the 
law of assemblies ; hence in voting on guilt or 
penalty, there is an implied contract that the 
vote shall not be reconsidered. 

c. Orders partly Executed. A meas- 
ure adopted by the assembly, if not in reality 
a contract, is a Quasi Contract if anything has 
been done pursuant to it which the assembly 
cannot reverse. 



GENERAL BUSINESS. 



47 



55* Errors. It is a well-recognized prin- 
ciple of justice that errors should be corrected,. 
yet there are exceptional cases, as it is an 
equally well-established principle that no per- 
son should be permitted to take advantage of 
his own error or wrong, to the prejudice of 
another. The result of the error, and its 
magnitude; whether the injury will fall ex- 
clusively upon those who are responsible for 
it ; the difficulty of correcting it without, 
injury to innocent parties ; the intention of 
those who caused it; the object of the in- 
vaded law, and whether that object was 
defeated; these are some of the considerations 
which should influence an assembly in its. 
decision. When the subject of correcting an. 
error is introduced, the following general 
rules should be observed : 

a. Voting. If enough error in voting, or 
in the ruling of the president during a divi- 
sion, is shown, to change the result, a cor- 
rection must be made. When the effect of 
the error, or irregularity, is definitely known, 
the proper way is to declare the result on the 
vote already taken with the correction; other- 
wise the vote must be retaken. It should 



VI. 

Questions. 

56-62. 

VI 1. 

Privileg. Q 

63-66. 

VIII. 

Subsid. Q- \ 

67-75. 

IX. 
Inciden. Q. 

76-84. 



X. 

Deba'i \sG.j 
85-90. / 




XIII. 

RECAPITU.y 

109-HJy 



XIV 

Suggestion: 

112-114. 



48 LAW OF ASSEMBLIES. 

also be retaken if the tellers disagree. Action, 
pursuant to a vote erroneously declared, is 
void. 

b. Informality. After the passage of a 
"bill, or other measure, it is too late to raise a 
point of order in regard to the form of parlia- 
mentary proceeding through which it was 
adopted, but if there was a plain violation of 
constitutional or statutory law, it is proper for 
the assembly to correct it. [68.] 

c. Contracts. An organization incorpo- 
rated under, or established by, a state law or 
constitution, can not be held to a contract 
made in violation, or without the sanction, 
directly or indirectly, of such law, as every 
one is bound to take official notice of the 
laws of the land. If, however, in a contract 
made with a person not a member, some 
special rule of the organization has been 
violated, such organization could be held to 
the contract. 

d. Quasi Contracts. In the election of 
a member to office, if it has been done ille- 
gally, it is void. In the election to member- 
ship, or office, of a person not a member, the 
rule is modified, for, unless there has been a 



GENERAL BUSINESS. 



49 



glaring disregard of the rights of the assembly 
or its members, it is too late to correct it 
after it has passed out officially. After a 
person has been inducted into office, or 
membership, it is too late to review the pro- 
ceedings, unless it can be shown that in the 
election fraudulent or illegal means were used 
by, or with the knowledge or sanction of, the 
party so inducted. If, however, the induction 
to office occurs after notice of appeal, on the 
ground of illegality, to a higher tribunal, 
the office would be vacated by a decision 
sustaining the appeal. The case of a person 
admitted to membership can be reviewed only 
by preferring charges. 

For Appeals see §§ 68 and 69. 



VI. 

Questions. 

56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q» 

67-75- 

IX. 
Inciden. Q. 

76-84. 




XII. 
Com'tees. 

I02-I0.3. 



XIII. 

RECAPITUw 

ioo-ur/ 



xiv. !i 

3ESTIOK 



Suggesti 

1I2-II4 



• 



5° 



LAW OF ASSEMBLIES. 



* v g g 

u <u *~ ~. V "S - <*- -o ^ « 

SP°.> « « IS ° - rt £ 

S 3 '~ c -3 O . 



C rt 




<U ^ 




Tim 
uesti 
Resu 




r- ^ 








ii^tJD 




ei G 








CO ^3 




a B 




CJ 




a 




-*-» .rH 








<u . 




s - J - J 


r, 


o'S ^ 


j*. 




n 






. o o ~ 


D 


\0*{J< 


V 




CLASSIFICATION OF QUESTIONS. 

ARTICLE VI. 



5i 



Classification of Questions. 

56. Technical Terms. A subject pro- 
posed for the action of an assembly, is usually 
called a " motion," when stated from the 
chair, "the question," and when adopted a 
" vote." As some questions do not arise from 
motions, the term question is here used to 
include both. 

57. Chief Divisions. Questions are di- 
vided into two general classes : Main Ques- 
tions and Auxiliary Questions. 

58. A Main Question is one presented 
independently of, and having no relation to, 
another pending question. Main Questions 
are of two kinds: Original and Privileged, 
though a Privileged Question is sometimes 
Original. 

a. An Original Question is a Main- 
Question presented when there is no other 
before the assembly. Original Questions in 
the form of Privileged and Auxiliary Ques- 
tions [Art. VII, VIII, IX] are usually treated 
as though not original, except that to Fix the 



VI. 

Questions, 
56-62. 

VII. 

Privileg. Q 

63-66. 

VIII. 
Subsid. Q„i 

67-75. 

IX. 

Inciden. Q. 

76-84. 



X. 
Deba'i incK 
85-90. / 




XII. 
Com'tees. 

102-10S. 



XIII. 
Recapiti/- 



XIV. 

SUGGESTI 
II2-II4 




52 LAW OF ASSEMBLIES. 

Time for next Sitting, and to Reconsider are 
debatable when they are original. A few 
other Original Questions possess peculiarities. 
They are as follows, and are explained in the 
sections indicated in connection with each: 

(i) To Expunge Minutes. [26, g.~\ 

(2) To Take an Intermission. [64, a, (4).] 

(3) To Take from the Table. [67, c] 

(4) To Discharge a Special Order. [71, c.] 

(5) To Relieve a Committee. [72, d.~\ 

b. Privileged Questions are Main Ques- 
tions which, on account of their immediate 
importance, are entitled to interrupt the pro- 
ceedings, and receive attention first, after*%hich 
the business suspended is resumed at the 
point of interruption. They all take prece- 
dence of Subsidiary Questions. They are as 
follows, and rank in the order of their ar- 
rangement, none being debatable except (3): 

(1) To Eix the Time for next Sitting. [63.] 

(2) To Adjourn. [64.] 

(3) Subjects of Privilege (Questions of 
Privilege). [65.] 

(4) To Take up the Special Orders (Orders 
of the Day). [66.] 



CLASSIFICATION OF QUESTIONS. 



59. Auxiliary Questions are those which 
aid in the appropriate disposition of Main 
Questions. They are of three kinds: Sub- 
sidiary, Incidental, and Resultant. 

a. Subsidiary Questions are Grade Ques- 
tions in general use, which aid in the proper 
disposition of Main Questions. They are as 
follows, and rank in the order of their ar- 
rangement, either being admissible when one 
or more which follow it are pending. (1), 
(2), and (3) are not debatable, (4) and (6) are 
subject to limited debate, while (5) and (7) 
open the Main Question to debate. (1), (4), 
(5), and (7) are applied only to Main Ques- 
tions with all their appendages, but (2), (3), 
and (6) may be applied to other Subsidiary 
Questions separate from the Main Question. 
(1), (3), (4), (5), and (7), if lost, may be 
again offered at another Stage of Business, or 
on another day. (1), (2), (3), and (7) can 
not be amended: 

(1) To Lay on the Table. [67.] 

(2) Questions of Order and Appeal. [68.] 

(3) To Close Debate (" Previous Ques- 
tion"). [70.] 

(4) To Postpone to a Stated Time. [71.] 



VII. 

Privileg. Q 
63-66. 

VIII. 
Subsid. Q- 

67-75. 

IX. 
Inciden. Q. 

76-84. 



X. 

DEBA'l INI* 




XIII 
Recapitu, 



1 



log-lit*: 
XIV. 

SUGGESTlOl 

112-114. 



54 



LAW OF ASSEMBLIES. 



(5) To Commit. [72.] 

(6) To Amend. [73.] 

(7) To Repress (" Postpone Indefinitely"). 

[75.] 

b. Incidental Questions arise from the 
condition or state of other questions, before 
which they must be decided, but they may be 
superseded by any undebatable Grade Ques- 
tion which ranks the one from which they 
arise. They are of equal rank, and can not 
be applied to themselves, or to each other, 
and hence can not be reconsidered. One 
must be decided before another is moved on 
the same question. When one is superseded 
by a Grade Question, the same, or another, 
may sometimes be applied to such Grade 
Question. Subsidiary Questions, except Ques- 
tions of Order, can not be applied to them 
as separate questions. They rank debatable 
Subsidiary Motions. They can not be fully 
enumerated, for, like Subjects of Privilege, 
new ones are liable to arise. The chair 
decides as to these classes subject to appeal. 
Unlike other motions, they may be withdrawn 
by unanimous consent after their adoption. 
Except (t) and (2) by nominations, the latter 



CLASSIFICATION OF QUESTIONS. 



55 



as to time [73, e\ only, the following leading 
questions of this class can not be amended. 
They are not debatable. (3) and (4) require 
a unanimous vote. Except (8) and (9), and 
sometimes (5), they can not be moved after 
debate is closed. Most of them may be used 
as Original Questions, but as such none, ex- 
cept to Reconsider, would be debatable: 

(1) To Divide, or Take up Seriatim. [76.] 

( 2 ) To Limit, or Extend Debate. [77.] 

(3) To Withdraw a Motion. [78.] 

(4) To Suspend the Rules. [79.] 

(5) To Open, or Close Nominations. [80. J 

(6) To Read a Paper. [81.] 

(7) To Reconsider. [82.] 

(8) To Excuse from Voting. \&i>^\ 

(9) To Take the Yeas and Nays. [84.] 

c. Resultant Questions are Grade Ques- 
tions arising from amendments between two 
houses. They are as follows, and are ex- 
plained in § 74: 

(1) To Agree. 

(2) To Disagree. 

(3) To Recede. 

(4) To Insist. 

(5) To Adhere, 



vn. 

Privileg. Q 
63-66. 

VIII. 
Subsid. Q„i 
67-75- 

IX. 

Inciden. Q. 

76-84. 




XII. 
Com'tees. 

102-10^. 



XIII. 

RECAPITU,; 

109-J ' 



XIV 

SUGGESTION! 
II2-II4. 



i 



56 LAW OF ASSEMBLIES. 

60. Preferred Questions are those which 
are entitled to presentation while another is 
pending, and, when so presented, to priority 
in being considered. A Privileged Question 
is at the same time a Main and a Preferred 
Question. To Amend is the only Preferred 
Question which can be applied to itself. 
Preferred Questions include Privileged, Sub- 
sidiary, Incidental, and Resultant Questions. 

61. Grade Questions are such Preferred 
Questions as differ in rank among themselves, 
each from every other. Each is entitled to 
presentation when those of lower rank are 
pending, but if relating to the Main Question, 
it can not be presented while one of higher 
rank is pending. They embrace Privileged, 
Subsidiary, and Resultant Questions. 

62. Reciprocal Questions are those 
which have the effect to annul, or partially 
annul, each other, without a regular repeal or 
reconsideration. The following are examples: 

a. To Take up a Special Order, and to 
Postpone a Special Order. 

b. To Make a Special Order, and to 
Discharge a Special Order. 



PRIVILEGED QUESTIONS. 



57 



c. To Lay on the Table, and to Take 
from the Table. 

d. To Commit, and to Relieve a Com- 
mittee. 

e. To Open Nominations, and to Close 

Nominations. 
/. To Agree, and to Disagree. 



g. To Insist, and to Recede. 



ARTICLE VII. 

Privileged Questions. 

[For general definition see § 58, b.~\ 

63. To Fix the Time for next Sitting. 

This motion takes precedence of all other 
questions, but it can not be made in the 
absence of a quorum. It is in order even 
after the assembly has voted to adjourn, if the 
result of the vote has not*been announced 
from the chair. As a Preferred Question it 
is not debatable, but is amendable as to time, 
such amendment being best made according 
to the rule for filling blanks. [73, *-.•] It may 
be reconsidered. The common form is, 
"That when the assembly adjourns, it shall 



VII. 

Privileg. Q 
63-66. 

VIII. 

Subsid. Q~ j 

67-75- 

IX. 
Inciden. Q. 

76-84. 




58 LAW OF ASSEMBLIES. 

adjourn to meet at" such a time. This motion 
is seldom used, except in legislatures. It is 
better, when practicable, to use it as an 
• Original Motion, in which case it would be 
debatable. 

64. To Adjourn. This motion, when 
simply to Adjourn, or, ''That the assembly do 
now adjourn," supersedes all other questions, 
except the one last named. It is in order 
immediately after voting to Close Debate, 
When modified by time, it is not privileged, 
and must be treated as an Original Question. 
It can not be reconsidered, but, if lost, it can 
be moved again at another Stage of Business, 
or after progress in debate , or, if after the 
motion is negatived, there is found to be no 
business, it may then be renewed. No person 
should leave his place until the Sitting is 
formally declared closed. When not modified 
by time, it is not debatable, even though 
original. This motion is precluded when 
the hour for adjournment has been previously 
fixed. 

a. Forms. The following motions are 
forms of adjournment, and should be so 
treated, though differing in effect: 



PRIVILEGED QUESTIONS. 



59 



(i) To Rise, or, To Rise and report pro- 
gress, and ask leave to sit again, is the form 
to use in Committee. 

(2) To Close, or, That the Session be now 
closed, when it is desired to close the Session. 
[18.] 

(3) To Dissolve, or, That the assembly be 
now dissolved, when it is desired to close the 
Assembly Term. [17.] When the full time 
arrives fixed by statutory law, the president 
dissolves the assembly without vote. 

(4) Intermission. Though a form of ad- 
journment, this can only be offered as an 
Original Motion. It may be amended as to 
time, but not debated, nor reconsidered. It 
may be renewed after another subject of busi- 
ness intervenes. When unlimited, it is at 
the option of the president not to exceed 
thirty minutes. Business is resumed at the 
point of interruption. 

b. Delay. A parliamentary or legislative 
day does not terminate at the midnight hour 
without an adjournment; and an adjournment 
does not necessarily take place at midnight 
on Saturday, nor at the hour for the next 



VIII. 
Subsid. Q- l 

67-75. 

IX. 
Inciden. Q. 

76-84. 




XII. 
Com'te 

102-108. 



XIV. 

Suggestions 

112-114. 



60 LAW OF ASSEMBLIES. 

Sitting. If extended beyond the hour of the 
next Sitting, it would in effect, unless other- 
wise voted, supersede one Sitting. 

c. Business Interrupted by adjournment, 
can not be taken up at a time when it would 
be in order to renew. At all other times it is 
resumed, and has preference as unfinished 
business at the next Sitting. A member en- 
titled to the floor, who yields it for a motion 
to Adjourn, or to Postpone, or who makes the 
motion himself, is entitled to the floor when 
the subject is resumed, whether the motion 
prevails or not, providing he reserves the 
right when the motion is made. 

65. Subjects of Privilege (Questions of 
Privilege) affect the rights of the assembly, or 
its members individually, and demand imme- 
diate attention. These Subjects differ in rank 
among themselves according to their immedi- 
ate importance. They are entitled to priority 
over all questions, except to Fix the Time for 
next Sitting and to Adjourn. In rare cases 
a speaker may be interrupted for their pre- 
sentation. The same question might not be 
a Subject of Privilege in different kinds of 
organizations. The chair may decide what 



PRIVILEGED QUESTIONS. 



61 



questions of this kind to entertain, and their 
priority, subject to appeal. If a motion is 
entertained on a Subject of Privilege, it be- 
comes a Main Question, subject to Auxiliary 
Questions, but does not yield to Special 
Orders. When the Subject of Privilege is 
disposed of, the Original Question interrupt- 
ed is taken up at the point of interruption. 
The report of a committee appointed to 
consider a Subject of Privilege, is not privi- 
leged unless made so by vote. The following 
are some of the Subjects of Privilege, as 
recognized by the U. S. House of Repre- 
sentatives. 

a. Assault or disturbance in the House or 
galleries, or in the Committee of the Whole. 

b. Challenge for a duel, 

c. Right of a member to a seat. 

d. Report of a Conference Committee. 

e. Consideration of a vetoed bill. 

/. Alleged Mutilation of the journal by 
the Speaker. 

g. Offer to Bribe a member. 

h. Divulging Secrets of the House. 

66. Special Orders (Orders of the Day). 
A motion to Take up the Special Orders 



vni. I 

Subsid. Q.. i 

67-75- 

IX. 

Inciden. Q. 

76-84. 



X. I 

Deba'i inoKI 

85-90. / 



01 up' 

V , 



XII. 

Com'tees. 

I02-I03. 



XIII. 
Recapitu, 
109- 



XIV. 

SUGGESTK 
II2-II4. 







62 LAW OF ASSEMBLIES. 

ranks Subsidiary and Incidental Questions. 
It can not be made when another person has 
the floor. It requires no second. It can nei- 
ther be amended, debated nor reconsidered. 
If carried, the Orders are disposed of in the 
order in which they are made, those estab- 
lished by law ranking those set apart by vote. 
Each Order becomes a Main Question, and 
may be postponed, or after one is disposed 
of, the remainder may be postponed to- 
gether. A report ordered to be made on a 
particular day, becomes a Special Order for 
that day. When there is an Order of Busi- 
ness which includes Special Orders, they are 
taken up without vote and this question is 
not privileged. 

a. A Fixed Order is a Special Order set 
down for a particular hour, and it comes up 
without vote, if not postponed, when that 
hour arrives, provided no other Privileged 
Question is before the assembly. 

b. Interruptions. When all the Orders 
are disposed of, the business interrupted is 
resumed. An Order interrupted by adjourn- 
ment, is resumed at the next Sitting as a 
Special Order, and when that Order is dis- 



SUBSIDIARY QUESTIONS. 



63 



posed of, the Original Question interrupted 
by it is resumed. An Order not taken up on 
the day specified is not an Order for the next 

day. 

For Making and Discharging Special Or- 
ders, see § 71. 



ARTICLE VIII. 

Subsidiary Questions. 

[For general definition, see § 59, a.] 

67. To Lay on the Table ranks all 
other Subsidiary Questions, and is in order 
up to the time of taking the last vote under a 
motion to Close Debate. It yields to Priv- 
ileged Questions. Questions of Order may 
be applied to it. It can not be debated, 
amended nor reconsidered, but it is subject to 
Quasi Renewal [52] and Quasi Repeal. [53.] 

a. The Form is, " I move to Lay the Sub- 
ject on the Table," or "that it be Laid on 
the Table," or "that it Lie on the Table." 
To lay on the table for a stated time, is not 
a Preferred Question. 

b. The Effect of an affirmative vote, is to 
remove the subject, with all its appendages, 



VIII. 

Subsid. Q. 

67-75- 

IX. 
Inciden. Q. 

76-84. 




XIII. 

Recapitu, 

109- I I 

XIV. 

SUGGESTIOli 



II2-II4. 






6 4 



LAW OF ASSEMBLIES. 



from before the assembly, until such time as 
it is taken up by vote, when it comes up in 
the same condition as to Preferred Questions 
and debate, in which it was tabled. Nothing 
can be laid on the table which the assembly 
has not the power to take up.* 

c. To Take from the Table, or to con- 
sider a question laid on the table, is an Original 
Question, but does not yield to any Subsid- 
iary Motion. It can not be debated, amended 
nor reconsidered. It may be made or re-in- 
troduced after another subject of business 
intervenes, but not when it would be in order 
to renew the subject tabled. A motion to 
Reconsider being laid on the table, mav be 
taken up under this rule. 

68. Questions of Order and Appeal 

yield only to Privileged Questions and the 
motion to Lay on the Table, and a Question 
of Order may be applied to these and all 
other questions, and to irregular proceedings 



* Motions to Reconsider [82], and to Amend the 
journal, are not exceptions, though if the chair has 
not announced the question to be on the adoption or 
approval of the minutes, the motion to Amend would 
then be an Original Question, and it alone would go to 
the table. 



SUBSIDIARY QUESTIONS. 



65 



generally. It must be raised on the same 
day that the cause of it is presented, unless 
the subject is interrupted or deferred, or 
unless it is a question of law, as distinguished 
from a question of rule or order. It is de- 
cided by the president, subject to Appeal, 
unless the question is submitted by him 
directly to the assembly for decision. The 
president can not reverse a former decision of 
the chair or assembly and thus annul previ- 
ous action. A second Question of Order 
can not be raised until the first is decided. 
Additional reasons are ground for renewing a 
Question of Order if it has not been decided 
by the assembly, but not for a second Appeal 
on the same question. Title to the floor is 
decided without the form of Appeal. [42.] 

a. Effect. A member called to order does 
not thereby yield his title to the floor, but he 
must take his -seat until the Question of Order 
is decided, when he may resume, unless he 
has transgressed the rules of decorum, in 
which case he can proceed only by vote or 
general consent. 

b. An Appeal can be taken only on the 
decision of a question affecting the present 

■ 5 



IX. 

Inciden. Q. 

76-84. 



X. 

DEBA'l INdfl 

85-90. / 




XII. 
Com'tees. 

102-Ioi. 



XIII. 
Recapitu, 

109-lrJP?, 

XIV. 

SUGGESTK 
II2-II4. 



66 



LAW OF ASSEMBLIES. 



state of business. An answer by the presi- 
dent to a mere interrogatory is not an official 
decision. The decision of the chair on a 
Question of Order raised while an Appeal is 
pending, or during a vote of the assembly at 
a time when the motion to Lay on the Table 
would not be in order, must be submitted to 
without Appeal, subject to revision after the 
pending question is decided. [55, <?.] With 
these exceptions, an Appeal must be made 
on the same day that the decision is made, un- 
less the subject is interrupted or deferred. 
The question giving rise to an Appeal, being 
withdrawn, the Appeal falls. It is not subject 
to amendment. The decision of an assembly 
furnishes a rule to be followed thereafter. 

c. The Form for raising a Question of 
Order is, " Mr. President, I rise to a Ques- 
tion of Order." If the chair is in doubt 
as to the point, he will direct the member to 
state it, which the member should do in a 
voice and manner courteous toward the one 
interrupted, after which the decision is made. 
If submitted directly to the assembly, the 
form is, "Is the motion in order?" In 
case of Appeal, the form often used is > 



SUBSIDIARY QUESTIONS. 



7 



" Shall the decision of the chair stand as the 
decision of the assembly?" A better form 
is, " Shall the decision of the chair be 
reversed?" as it is in reality a motion to re- 
verse, and in whatever form it is put the 
decision is sustained unless a majority vote 
against it. The president, without voting, is 
to be counted in favor of sustaining his own 
decision, if his vote would change the result? 
provided he is entitled to a vote in the 
assembly. [91.] 

d. Debate is not admissible unless an 
Appeal is taken, or the chair submits the 
question to the assembly, and even then a 
personal question of decorum is never de- 
batable. A Question of Order or Appeal is 
not debatable, if introduced after it has been 
voted to Close Debate on the pending ques- 
tion, or if introduced pending the decision 
of an undebatable question. The president 
may debate an Appeal without surrendering 
the chair. He may give his reasons for the 
decision, even when the Appeal is not de- 
batable. Should he ask the opinion of others, 
it should be given sitting, to avoid the ap- 
pearance of debate. 



IX. 

Inciden. Q. 
76-84. 




XII. 

Com'tees. 
102-ico. 



XIII. 
Recapiti 

109- I] 

XIV. 

Suggestk 
112-114. 



Blii 

1' 



K 




68 LAW OF ASSEMBLIES. 

e. Tabling. A Question of Order or Ap- 
peal, being laid on the table, carries with it 
the Main Question.* 

/. Reconsideration. A Question of Or- 
der or Appeal decided by the assembly, may 
be reconsidered, but such action would not 
affect a measure previously adopted pursuant 
to the first decision. 

69. Appeals to a Higher Tribunal, 

where one exists having appellate jurisdiction, 
may be made from the decision of the assem- 
bly, by any member on a question of order, 
law, or usage involving a principle which estab- 
lishes a precedent, and should an appellant's 
membership with the organization cease be- 



* The reverse of this is the practice in both houses 
of Congress, the usual mode of sustaining the chair 
being to table the appeal. This practice is sustained 
by rule in each house. It may serve a good pur- 
pose in a body, all of whose members are presumed 
to be well acquainted with its rules. As a parlia- 
mentary principle, however, it is not supported by 
analogy, as other questions laid on the table may be 
taken up by vote ; nor by justice, as those not versed 
in parliamentary tactics might be led to support the 
decision without considering the real question involved. 
If the object sought is to cut off discussion, the proper 
motion is to Close Debate. 



SUBSIDIARY QUESTIONS. 



6 9 



fore the final settlement of the question, the 
appeal would not thereby be dismissed. On 
a question of fact merely, none but parties 
personally interested can Appeal from the 
decision of the assembly, 

a. The Appellant must within fifteen 
days from the time the decision is rendered, 
give notice in writing to the clerk of the 
assembly, and accompany it with a copy of 
his ground of Appeal, and the argument to 
sustain it, if he uses any. 

b. The Clerk forthwith serves an attested 
copy thereof upon the president and other 
parties particularly interested as appellees. 

c. The Appellees must within fifteen days 
from the time of such service, serve upon the 
clerk their answer to appellant. 

d. The Clerk must at the expiration of 
the last named fifteen days, serve upon the 
president of the higher tribunal, a certified 
copy of all matters connected with the Ap- 
peal, including proceedings of the assembly, 
charges, evidence, reports of committees, no- 
tice, arguments, and answer. 

e. Mails. Evidence of paper's having been 
sent by mail, is deemed sufficient to prove 




XIV. 

SUGGESTIOl 
II2-H4. 



70 . LAW OF ASSEMBLIES. 

service, and a reasonable time for their trans- 
portation through the mails .must be allowed, 
in addition to the fifteen days provided as 
above. Neither party is allowed to take ad- 
vantage of a failure of the mails. 

f. The Higher Tribunal may, for good 
reason shown by either party, extend the 
time for service of papers. Its president, in 
an interim between Sessions, if authorized to 
make such decisions, decides the case and at 
the next Session reports it to the body over 
which he presides, whereupon his decision is 
approved or reversed. 

g. Further Appeals may be made when 
there are two or more tribunals having appel- 
late jurisdiction. The same form must be 
observed, the clerk of the first appellate body 
taking the place of the clerk of the assembly 
in which the appeal originated. Each de- 
cision in turn is binding until reversed by 
higher authority. Neither of the bodies hav- 
ing appellate jurisdiction, can be omitted 
in its regular order without its consent. 

70. To Close Debate (Previous Ques- 
tion), takes precedence of the debatable 
Subsidiary Questions, and yields to Privi- 



SUBSIDIARY QUESTIONS. 



71 



leged Questions,, the Motion to Lay on the 
Table, and to Questions of Order. Xo Sub- 
sidiary Question can be applied to it except 
Questions of Order. It is not debatable, but 
it may be applied to any debatable question. 
It can not be reconsidered, but it is subject to 
Quasi Renewal [52] and Quasi Repeal. [53.] 
It is never an Original Question. 

a. Form. The object of the Previous 
Question, being entirely changed since its 
name originated, it is better that the form as 
well as the name be changed. The old form, 
still used by many, " Shall the Alain Question 
be now put ? " often leads to confusion. The 
modern form, hardly to be misunderstood, is, 
'''Shall the debate now close on the whole 
subject?" or, " on the question of order," 
"appeal," " postponement," "commitment," 
or "amendment," as the case may be. A 
motion to close debate at a stated time, is an 
Incidental Question. 

b. Application. A motion to Close De- 
bate, applies only to a Question of Order or 
Appeal when either is pending, as when ap- 
plied to a question of lower grade it cannot 
supersede the Question of Order or Appeal. 



IX. 
Inciden. Q. 

76-84. 




XIII. 
Recapitu, 

IOQ-III- 



XIV. 

SUGGESTIOR 
II2-II4. 



lm ^ 



72 



LAW OF ASSEMBLIES. 



Except as above, if not modified, it applies to 
the Main Question with all its appendages. It 
may be made to apply only to a Subsidiary 
Question under debate. Both being moved, 
the question is first taken on the whole, and 
that failing, then on the question under im- 
mediate discussion. It cannot be applied to 
a motion in the third degree separate from 
the secondary, as an amendment to an amend- 
ment. 

c\ Effect. Debate being closed on the 
whole subject, all further debatable Subsid- 
iary and Incidental Questions, except to Ex- 
cuse from Voting, to Take the Yeas and Nays, 
and (in case all the candidates decline) to 
Open and Close Nominations, are excluded, 
and without further debate, the vote is 
taken upon all the pending questions in the 
order of their precedence, which would be 
in the inverse order of their presentation. 
When applied to a Subsidiary Question alone 
after the vote is taken upon that, the remain- 
ing questions are again open to debate. De- 
bate being closed, it is not in order to read a 
paper relating to the subject nor to ask ques- 
tions of the mover, except by unanimous 



SUBSIDIARY QUESTIONS. 



73 



consent. A subject committed after debate 
is closed, or reconsidered after being acted 
upon under the vote to Close Debate, is 
reopened to debate by all when it again 
comes up. 

71. To Postpone to a Stated Time, 

takes precedence of the motions to Commit, 
to Amend, and to Repress, but yields to the 
other Preferred Questions. If carried, it may 
be reconsidered, but if lost, it can not be. In 
the latter case, it may be again introduced at 
another Stage of Business or on another day. 
It may be used as an Original Question. 

a. Amendments may be made changing the 
time [73, e\ or making the subject a Special 
Order for the day to which it is postponed. 
It is not in order to postpone to a time known 
to be beyond the Session Period. If post- 
poned to a particular hour of any day, it 
becomes a Fixed Order. [66, a.] If a Special 
Order would be liable to interfere with the 
Order of Business or the rules, it must be made 
by the vote required to suspend such rules or 
Order of Business. This would not be the 
case if the Order of Business provided for 
Special Orders. 



IX. 

Inciden. Q. 
76-84. 



XII. 

Com'tees. 
102-10S. 




74 LAW 0F ASSEMBLIES. 

b. Debate is allowed only on the advisa- 
bility of postponement and the question of 
time. 

c. The Effect is to postpone the whole 
subject to the time fixed upon, before which 
time it cannot be taken up without recon- 
sideration. When the time arrives, it takes 
precedence of everything except Privileged 
Questions, unless there is an Order of Busi- 
ness, in which case it comes up under unfin- 
ished business, in the same condition as to 
Preferred Questions and debate, in which it was 
postponed. When several questions are post- 
poned to different times and are not reached 
at the time stated, they are considered in the 
order of their maturity. If not considered 
during the same Session Period, they can 
come up only as new subjects. If a subject 
is made a Special Order, it becomes a Privi- 
leged Question. 

d. To Discharge a Special Order or Or- 
ders, is an Original Question. It may be 
moved or re-introduced after another Subject 
of Business intervenes. After being dis- 
charged, an Order may be renewed for an- 
other time. 



SUBSIDIARY QUESTIONS. 



75 



72. To Commit (to Refer), takes pre- 
cedence of the motion to Amend, and to 
Repress, and yields to the other Subsidiary 
and all the Privileged Questions. It can net 
be reconsidered, but it is subject to Quasi 
Renewal [52] and Quasi Repeal. [53.] De- 
bate is in order on the merits of the Main 
Question. This motion may be used as an 
Original Question. 

a. Amendments. It is not in order, unless 
provided by rule, to move instructions until 
it is decided to Commit. If a motion to 
Commit with instructions is entertained, it 
is not divisible. The following is the proper 
order of proceeding in case amendments 
are offered. It is seldom that a question 
involves all the propositions contained herein. 
If it is proposed to refer part of a subject 
to one committee and part to another, the 
subject must be divided for the purpose of 
deciding to which committee each part shall 
be referred. (2) to (9) inclusive, are so far of 
the nature of filling blanks as to require no 
second. The motion to Commit, is not com- 
plete until such of the questions named below 
as are presented are settled, though the adop- 






IX. 

Inciden. Q. 

76-84. 



X. J, 

Debating?/ 

85-90. / 

xi. y 

VoTipr 

9I V 

XII. 
Com'tees. 

I02-I03. 



XIII. 
Recapiti 

109-11] 

XIV. 

Suggestion; 

112-114. 



1 



7 6 



LAW OF ASSEMBLIES. 



tion of a motion to Close Debate, would cut 
off instructions not previously proposed. 
They are arranged according to natural 
sequence. The group (2) to (5), rank as here 
arranged, that from (7) to (9), is so arranged 
as to avoid the seeming personality of voting 
against an appointment by the chair and to 
avoid the trouble of a ballot when not re- 
quired: 

(1) Shall it be Committed '? 

(2) To the Committee of the Whole? 

(3 ) To one of the Standing Committees ? These 
have precedence in the order of nomination. 

(4) To the Special Com?nittee which has con- 
sidered it ? if to be recommitted. This is the 
rule unless otherwise ordered. 

(5) To a New Special Committee? 

(6) Of what Number ? Three, if not other- 
wise provided. 

(7) Appointed by Open Vote in the order of 
nomination ? No member shall nominate 
more than one, except by unanimous consent. 
When only the required number is named, 
the vote may be taken collectively. 

(8) Appointed by Ballot! 

(9) Appointed by the Chair? This is the 
method when no other is provided. 



SUBSIDIARY QUESTIONS. 



77 



(10) What Instructions (if any)? They may 
be instructed to report at a future Session, 
but not at another Assembly Term. They may 
be instructed (by the same vote required to 
suspend the rules) to report at any time 
(meaning when there is nothing else before 
the assembly), and such instruction carries 
with it the right to consider the matter when 
reported. If ordered to report at a stated 
time, the report becomes a Special order. A 
Committee of Conference can not be appoint- 
ed or instructed, except when the papers are 
before the assembly. If the committee dis- 
solves, or adjourns to a time beyond the 
Session Period, they may be instructed to 
meet again. If remiss, they may be instructed 
when to report. Instructions may be divided, 
if divisible according to § 76. 

b. Appointments. Appointing the mover 
and often the seconder of a proposition, is 
quite customary but not obligatory. When 
the assembly has decided on a measure, and 
refers it to a committee for action or for the 
purpose of amendment, the friends of the 
measure only, should serve on the commit- 
tee. Should others be appointed, they should 



IX. 

Inciden. Q. 

76-84. 



X. I 

Deba'i ixg j 

85-90. / 



XI. jf 

VoTur 

9I f ' A 



XII. 

Com'tees. 

I02-I03. 



XIII. 

RECAPITU,/ 

109-IIJ- 

W 
XIV. 
Suggestion; 
112-114. 



7 8 



LAW OF ASSEMBLIES. 



frankly state their opposition and be excused 
by the chair. When a member is fully eligible 
to serve, the assembly only, can excuse, even 
though the chair appointed. If on two com- 
mittees, a member cannot be required to serve 
on a third. 

c. Discharge. When not appointed for a 
specific time, a committee, or any member of 
it, may be discharged at any time by vote, or 
a committee may be relieved from the further 
consideration of a particular subject [53,/], 
which would be a discharge in case of a 
Special Committee. 

73. To Amend, yields to all other Pre- 
ferred Questions, except to Repress. An 
amendment may be made relating to a differ- 
ent subject, or changing its nature. A substi- 
tute can be entertained only as an amendment. 
-' To strike out the enacting clause," can be 
entertained only as a motion to Repress : 
hence, it yields to all other forms .of amend- 
ment. The amendment only is debatable. 

a. Application. The following can not 
be amended: to Adjourn, to Take up the 
Special Orders, to Lay on the Table, Ques- 
tions of Order and Appeal, amendment to an 



SUBSIDIARY QUESTIONS. 



79 



amendment, to Repress, to Take from the 
Table, vetoed bills, reports of Conference 
Committees, Resultant Questions, and — ex- 
cept to Divide, and to Limit, or Extend 
Debate — Incidental Questions. 

b. A Second Amendment can not be 
entertained until the first is disposed of, un- 
less it is an amendment to the first amend- 
ment ; hence, if the first amendment is to 
strike out certain words, and a second 
amendment prevails, striking out part of the 
words named in the first amendment, such 
words would stand in the original subject. 

c. A Third Amendment can not be enter- 
tained in the form of a substitute or other- 
wise, but it is admissible to state in debate 
that in case a pending amendment is defeated,, 
a certain other amendment will be offered. 
This rule also applies when the motion to 
Amend is offered as an Original Question. 

d. Form. In this country, the question on 
striking out is put in the regular form, and 
not, " Shall the words stand ?" In amending 
by striking out, or inserting, or both, the 
proposition is first read as it stands, then the 
words to be stricken out, or inserted, or both 



IX. 
Inciden. Q. 

76-84. 



X. 

Debai ing 
8 5-9°vf 

XI. ~jP 
VoTjpr 

"V A 

XII. 
Com'tees. 

I02-I03. 



XIII. 
Recapitu. 



109-11^ 



I 



XIV. i 

Suggestion: 
112-114. 



fP 






8o LAW OF ASSEMBLIES. 

(the former first), and lastly, the passage as it 
will stand if amended. 

e. In Filling Blanks with number or 
time, the clerk takes down all the nomina- 
tions, after which the question is put first on 
the largest number or longest time, and voting 
is continued until a majority vote is obtained. 
The same rule applies to names, except that 
they are voted on in the order of nomination. 
One name or number can not be substituted 
for another by amendment, except as above. 
In filling blanks, or making other nomina- 
tions, no second is required. 

f. Numbers of Sections, or divisions of 
a paper, should be altered by the clerk with- 
out vote, when necessary to conform to 
amendments adopted by the assembly, but he 
must not alter the consecutive arrangement. 

g. To Strike out, and Insert, or to 
strike out, or to insert, is superseded by a 
motion to amend the part it is proposed to 
strike out or insert. It can not be moved to 
insert words stricken out (of a Main Ques- 
tion), or part of them, or to strike out words 
inserted (in a Main Question), or part of 
them, but it may be moved, either to strike out 



SUBSIDIARY QUESTIONS. 



8l 



or to insert the same words, or part of them, 
with others. To strike out and insert is not 
divisible. If negatived, it may be moved — 
( i ) To strike out same words. 

(2) To strike out same words, and insert 
others. 

(3) To strike out same words, and insert 
sa?ne with others. 

(4) To strike out same words, and insert part 
of same with others. 

(5) To strike out sanie words with others, 
and insert same. 

(6) To strike out part of same words with 
others, and insert same. 

(7) To strike out other words, and insert 
same. 

(8) To insert same. 

h. Modification and Renewal. Words 

which the assembly has added, or refused to 

strike out, or part of them, can not thereafter 

be struck out by themselves, but they may be 

struck out with other words, if the connection 

makes substantially a different proposition 

from that acted upon ; and with same proviso, 

words rejected or struck out, or part of them, 

with others, may be inserted. 
6 



IX. 

Inciden. Q. 

76-84. 



X. J 

DEBATING] 
85-90. / 



XI 

VOT 

91 



r 



XII. 

Com'tees. 

I02-I03. 



XIII. 

Recapiti 

IO /7' 

XIV. 

Suggestion 
112-114. 



82 



LAW OF ASSEMBLIES. 



i. Double Motions. To strike out words 
in one place, and insert the same or other 
words in another place, can not be entertained 
as one motion. Two paragraphs may be 
united by rejecting one, and incorporating it 
with the other when that is reached. One 
may be made into two, by striking out one 
part, and afterward making it into a distinct 
paragraph ; or one may be transposed by 
striking it out where it stands, and by a 
separate vote inserting it in the desired place. 

j. Inconsistencies. An amendment to a 
paper, can not be ruled out by the chair be- 
cause inconsistent with an amendment pre- 
viously adopted, though it should be, if 



inconsistent 
assembly. 

k. Rules. 



with the laws or rules of the 



In the absence of 



spec 



ial 



provision, the amendment of rules and stand- 
ing resolutions would be governed by § 51. 
If provision is made for amending the former, 
and not the latter, the latter may, by con- 
forming to such provision, be made part of 
the rules without violence to § 51, after which 
time they could be amended like other regular 
rules. 



SUBSIDIARY QUESTIONS. 



83 



74. Concurrent Amendments. Amend- 
ments between two houses are often passed 
by a process quite different from that already 
described. They are not incorporated with 
the bill until passed by both houses. 

a. Resultant Questions are named below, 
and are arranged in their order of precedence, 
the motion most favorable to the passage of a 
bill, having preference. Either (1) or (2) 
being lost, the other is implied, but before 
action, it is proper to offer amendments so as 
to perfect it as far as possible before adopt- 
ing or rejecting. Either (3) or (4) being 
lost, the other is implied, but a motion to 
Adhere may follow immediately a vote, or a 
decision to Insist. Resultant Questions can 
not be reconsidered. All of them are subject 
to Quasi Renewal or Quasi Repeal. They are 
as follows : 

( 1 ) To Agree. 

(2) To Disagree. 

(3) To Recede. 

(4) To Insist. 

(5) To Adhere. 

b. To Close Debate. The adoption of 
this motion, does not exclude a Resultant 






IX. 






Inciden. Q. 
76-84. 



X. J 

DEBA'l INCH 



85-90. 



XI 

VOT 



OTijr 

V 



XII. 

Com'tees. 

I02-I03. 



XIII. 
Recapitu, 



XIV. 

SUGGESTK 
II2-II4. 




#4 LAW OF ASSEMBLIES. 

Question of higher rank than one pending, 
but it must be decided without debate. 

c. Example. A bill may be passed by 
either house and sent to the other, except 
where the laws provide which house shall 
originate such a bill. For example, the house 
which originates may be called the first house. 
The second house may pass it with amend- 
ments. The first may disagree to the amend- 
ments. The second may insist on them. 
The first may insist on their disagreement. 
The second may adhere to their amendments. 
The first may adhere to their disagreement. 
A house refusing to adhere, may then either 
recede or insist. Either house may repeat 
the vote to Insist as long as the other does, 
but when one adheres, the other must adhere 
or recede. A vote to Recede from a disagree- 
ment, is not equivalent to an agreement, for 
the assembly may recede and amend. A 
house may pass over the term of insisting, 
and adhere, but ii is not considered respect- 
ful. It is usual to have at least two confer- 
ences before adherence. 

d. Limitation. Neither house can recede 
from, nor insist on, its own amendment with 



SUBSIDIARY QUESTIONS. 



85 



an amendment, as it can not on its own 
motion, amend what it has adopted. Nothing 
which has been adopted by both houses, can 
be amended, except for the purpose of mak- 
ing it consistent with amendments agreed 
upon by both houses. Either house may 
agree to an amendment with an amendment, 
and the other may agree to that amendment 
with an amendment, as the part agreed to 
becomes part of the bill, and the part dis- 
agreed to is subject to future action. No 
amendment can be made in considering a 
vetoed bill. 

e. Suppressing. In case an amendment 
adopted by one house, invades the privileges 
of the other, the latter may suppress the bill ; 
otherwise, it must be sent from house to house 
until it passes, or until both houses adhere. 

/. Conference. At any time after a dis- 
agreement by one house, and before an 
adherence by both houses, a conference [105] 
may be asked. The request can be made, or 
the committee instructed, only when the house 
is in possession of the papers. The report can 
not be amended. The motion to ask a con- 
ference, takes precedence of a motion to 
Insist. 



IX. 

Inciden. Q. 
76-84. 



x. m 

DEBA'l in<» 

85-90. / 



XI. 



XII. 

Com'tees 

I02-I03. 




XIV. 



Suggestion* 
112-114. 



m 



86 



LAW OF ASSEMBLIES. 






75. To Repress (to Postpone Indefin- 
itely). The former is the better term, as its 
meaning is apparent. This motion takes 
precedence of the Main Question only, and 
yields to all other Preferred Questions. It 
can not be amended. It leaves the merits of 
the Main Question open to debate. Its effect, 
if adopted, is to remove the Main Question 
from the assembly, and prevent its renewal 
during that Session Period, except by recon- 
sideration. [82, ^.] If lost, it can not be recon- 
sidered, but it is subject to Quasi Renewal. 
[52.] To strike out the enacting clause, is a 
motion to Repress. To Repress is not used 
as an Original Question. 



ARTICLE IX. 

Incidental Questions. 

[For general definition, see § 59, />.] 

76. To Divide, in strictness requires a 
vote, but this formality is usually omitted by 
unanimous consent. Propositions containing 
two or more names, may be so divided that 
each may be acted upon separately; otherwise 
no motion can be divided by vote unless each 



INCIDENTAL QUESTIONS. 



87 



part forms an independent proposition, capa- 
ble of being acted upon if all the others fail. 
The parts are put to vote in the order of their 
arrangement, unless there is good reason for 
a variation. For example, if a motion is made 
to Lay on the Table and to print, the motion 
to print must have preference ; for, if the 
motion to table prevails, the motion to print 
will be precluded. A member moving to 
Divide, should state the manner of division. 
Other modes may be named, the vote on the 
different plans of division to take place in 
the order of nominations. It may be applied 
to instructions to committees and to amend- 
ments. If resolutions are offered, part of 
which require a larger vote than the others, 
it is the duty of the president to divide them. 
a. To Take up Seriatim, is a form of 
division in which each paragraph is consid- 
ered separately. The preamble and title 
are considered after the other parts, the title 
last. It is exceedingly rare that objection is 
made to this form of division, as it is by 
far the best method when amendments are 
to be offered. The whole paper is usually 
read by the clerk, or if a report, by the chair- 



IX. 

Inciden. Q. 
76-84. 



x. m 

Debating j 
85-90. / 



XI 

VOT 

91 



Sjp/j 



XII. 

Com'tees. 

I02-I03. 



XIII. 
Recapitu,, 



XIV. 

Suggestion; 

112-114 



1 



88 



LAW OF ASSEMBLIES 



man of the committee, then from the chair 
by sections, a pause being made after each 
for amendments. When none are offered, the 
reading proceeds. After the title is fixed, 
the paper may be adopted as a whole. Until 
adopted as a whole or by paragraphs, it is in 
order, though not methodical, to return to a 
former part for amendment. 

77. To Limit, or Extend Debate. This 
question may be so made as to change the 
limit of time for each speaker, or to limit the 
whole time to be occupied in discussing a 
particular question. It may be so qualified 
as to preclude the Subsidiary Motion to 
Close Debate. It can be amended as to 
time only. [73, e.] 

78. To Withdraw a Motion. The 

mover may withdraw or change his motion 
by suggestion or otherwise, and the seconder 
his second, at any time before it is stated from 
the chair, but not afterward, except by unani- 
mous vote or consent. A nomination may be 
withdrawn in accordance with this section, by 
the party making it. 

79. To Suspend the Rules, requires a 
unanimous vote or consent. It may be gen- 



INCIDENTAL QUESTIONS. 



89 



eral in its effects, or for a special purpose. 
The form is, "To Suspend the Rules whicK 
interfere with," etc., or it is better to designate 
the rule or rules. It can not be amended. 
Unless connected with business immediately 
before the assembly, it can not be moved while 
the assembly is acting under a suspension of 
the rules, nor while it is considering a Special 
Order made such under a suspension of the 
rules. The action of a constitution or laws, 
can not be suspended, neither can a parlia- 
mentary principle. The suspension of a rule,, 
brings the Parliamentary Law into action. 
The rules being suspended for the purpose of 
allowing a proposition to be introduced, it 
can not be modified be/ore being submitted. 
A rule being violated, any member may require 
its enforcement. It is then too late to alter 
or suspend it. A set of rules having been 
adopted, containing a provision for suspend- 
ing them by a two-thirds vote, that power 
would not thereby extend to standing resolu- 
tions and votes. For example, the action of 
a vote to adjourn at a certain hour, or to close 
debate at a stated time, could be annulled only 
by reconsideration, unless suspended by unan- 
imous vote or consent. 



x. I 

Debating. 



85-90 




XII. 

Com'tees 

I02-I03. 



XIV. 

Suggestion: 
112-114. 



9° 



LAW OF ASSEMBLIES. 



80. To Open, or Close Nominations. 

Nominations may be closed by vote, but after 
being opened, it would not be in order to 
make or renew the motion to close them, until 
after another nomination is made. After 
being closed, it would not be in order to make 
or renew the motion to open them, until a vote 
is taken or a nomination withdrawn or de- 
clined. These motions are in order in filling 
blanks or electing officers, or in making other 
nominations, but by general consent, nomina- 
tions are usually opened and closed by the 
chair. 

81. To Read a Paper. No member can 
be compelled to vote upon a paper until it 
has been once read, and by vote or unani- 
mous consent, it may be read as often as 
needful for the information of a member. To 
refer to written notes in addressing an assem- 
bly, is admissible, but the reading of a mem- 
ber's speech, or of any other paper referring 
to the subject under consideration, can be per- 
mitted only by vote or unanimous consent. 

82. To Reconsider. This motion re- 
quires a majority vote, even though the mo- 
tion it is proposed to Reconsider, requires 



INCIDENTAL QUESTIONS. 



91 



less or more than a majority. It is seldom 
used as a Preferred Question, except as ap- 
plied to amendments and Questions of Order 
or Appeal decided by the assembly. 

a. In General Application, it is subject 
to the following restrictions. A motion can 
not be reconsidered — 

(1) If Lost, and subject to renewal or Quasi 
Renewal. [52.] 

(2) If Adopted, and subject to repeal or 
Quasi Repeal. [53.] 

(3) If it is a Contract entered into, or if it 
is a Quasi Contract. [54.] 

(4) If it has been Reconsidered 'under a veto. 
[74,^.] 

(5) If a Prior Motion to Reconsider it, has 
been entertained and not withdrawn. If on re- 
consideration, a motion is materially changed, 
it becomes practically a new question and 
may be again reconsidered. 

(6) If the Yeas and Nays were called, unless 
moved by a person who voted on the prevail- 
ing side. 

(7) If it is an Incidental [59, b\ or Result- 
ant [59, c] Question. 



x. ■ 

Deba'i inoB 

85-90. 

XI. 

9I f 

XII 

Com'tees. 

I02-I05 






XIII. 
Recapitu, 

XIV. 

Suggestion: 

112-114. 



9 2 



LAW OF ASSEMBLIES. 



For an enumeration of motions which can 
not be reconsidered, see Table, § 109. 

b. Debate is allowed on this motion only 
when it is an Original Question. If the mo- 
tion prevails, the question on being reconsid- 
ered, may be debated by any member as if 
just introduced, even though it passed under 
the motion to Close Debate. 

c. Its Effect as an Incidental Question, 
when adopted, is to bring the question to be 
reconsidered before the assembly in the con- 
dition it was in just before it was adopted. 
Its effect as an Original Motion, when adopted, 
is the same, except that amendments and 
other Preferred Motions previously acted 
upon, may be again presented without sep- 
arate votes to Reconsider. A bill requiring 
three readings, being reconsidered after pas- 
sage, its third reading would be before the 
assembly. 

d. Deferring. When deferred as an Inci- 
dental Question, by being tabled, postponed, 
or committed, it carries the Main Question 
with it. As an Original Question, the effect 
of the motion it is proposed to reconsider, is 
suspended until final action, or until it is 
too late for such final action. [82,0,2.] 



INCIDENTAL QUESTIONS. 



93 



e. Repressing. A vote to Lay on the Table, 
can not be reconsidered, because it is subject 
to Quasi Repeal [53], but a motion to Recon- 
sider may be taken up by vote as often as it 
is tabled, and business is not thereby com- 
plicated. With the motion to Repress it 
is otherwise, for it is not in order to move 
to Reconsider the vote by which a motion 
to Reconsider was repressed, as this would 
complicate business as much as to Amend 
an amendment to an amendment to an Orig- 
inal Question. 

83. To Excuse from Voting. It is 

better to defer this motion until the assembly 
is ready to vote. It may be moved after 
debate is closed, but not after the negative is 
put, in dividing the assembly on the question 
upon which the excuse is sought. It can not 
be applied to Incidental Questions, to mo- 
tions to Fix the Time for next Sitting, or to 
Adjourn. 

84. To Take the Yeas and Nays. 

Like the last, it is better to defer this motion 
until the assembly is ready to vote. It may 
be passed after debate is closed, but not after 
the negative is put on a division. It can not 



x. 

Deba'i ixa 
85-90. / 



XI 

VOTI 

91 



\. 



XII. 

Com'tees. 

I02-I03. 



XIII. 
Recapitu, 



XIV. 

Suggestion: 





94 



LAW OF ASSEMBLIES. 



be applied to Incidental Questions, to mo- 
tions to Fix the Time for next Sitting, or to 
Adjourn. This motion is appropriately used 
in representative bodies, and it may also be 
used in other organizations. It is usual to 
provide by rule that it may pass by a one- 
fifth vote, but in the absence of a rule it 
requires a majority. 

ARTICLE X. 



Debating. 

85. Debatable Questions. Most Main 

Questions are debatable. The Resultant 
Questions, and the Subsidiary Questions to 
Commit and to Repress, leave the merits of 
the Main Question open to debate. It is not 
so with Questions of Order and Appeal, to 
Postpone to a Stated Time, and to Amend, 
though with the last named motion pending, it 
is often difficult to draw the line. 

86. Questions not Debatable are to 

Make a Special Order, to Take an Inter- 
mission, to Take from the Table, to take 
up particular items of business, questions 



DEBATING. 



95 



requiring unanimity, Incidental Questions, 
Privileged Questions (except Subjects of Priv- 
ilege), to Lay on the Table, to Close Debate, 
and sometimes Questions of Order and Ap- 
peal. [68, d.] 

87. Limitations. The time each member 
is allowed to speak on one question, is limited 
to ten minutes, and he is permitted to debate 
but once upon it, though the debate should 
continue several days, or the question be 
tabled or postponed. These limitations may 
be modified by unanimous consent, or when 
all have spoken who wish, by majority vote. 
These modifications may be made, unless 
expressly excluded, even though there is a 
special rule extending or abridging these 
limits. After a member has made some pro- 
gress in debate, and no other has claimed the 
floor, it is too late to call him to order for 
speaking a second time. The mover of a 
proposition, or the member making a report, 
is often permitted to speak a second time to 
conclude the debate, but this is a matter of 
courtesy, and not of right. Making a motion, 
not being considered debate, a member who 
has spoken may afterward, if his sense of 



x. 

Debating 
85-V 



XI 
Voth 

91 






XII. 

Com'tees. 
102-io.s. 

XIII. 
Recapitu, 
xoc^y 

XIV. 

Suggestion 

112-114. 



9 6 



LAW OF ASSEMBLIES. 



propriety permits, move to Close Debate. 
The following are for the purposes of this 
section regarded as new questions, and hence 
are open to debate by all. 

a. A DIFFERENT READING OF A BILL. 

b. A MOTION UNDER RECONSIDERATION. 

c. A subject referred and reported back, 
though in its original form. 

d. All Preferred Questions. 

88. Explanations of a material part of 
his speech, or of matters of fact deemed of 
importance to the assembly, may be made, 
debate being avoided, by a member who has 
.spoken to the question. 

89. Interruptions. A member in posses- 
sion of the floor, is not to be interrupted by 
calls for the " Question/' motions to Adjourn, 
to Close Debate, to Take up the Special 
Orders, or by explanations of members. If 
he yields to the latter, he relinquishes the 
floor altogether. If he yields it for a motion 
to Adjourn or to Postpone, or makes the 
motion himself, he is entitled to the floor 
when the subject is resumed, whether the 
motion prevails or not, providing he reserves 



DEBATING. 



97 



the right when the motion is made. He is 
also entitled to the floor when the subject 
is resumed, after being interrupted by ad- 
journment when the hour previously fixed 
upon has arrived, or by Questions of Order 
and Subjects of Privilege, except as provided 
in § 68, a. A speaker occupying the floor by 
unanimous consent, or for the purpose of 
stating a point of order, has no right to yield 
it to another member. 

90. The President is entitled to prece- 
dence in speaking. He may state facts 
within his knowledge, and should inform the 
assembly on points of order, as they arise. 
He can not debate questions from his place, 
except on appeal, nor should he interrupt 
others who are proceeding in order. 



XI. 

VoTIJ^ 

XII. 

Com'tees. 
102-10S. 



XIII. 
Recapitu, 

XIV. 

SUGGESTK 
II2-II4. 



9 8 



LAW OF ASSEMBLIES. 



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VOTING. 



99 



ARTICLE XL 

Voting. 

[For Errors in Voting, Elections, Contracts, etc., see 
§§ 54.55-] 

91. Right and Duty. Unless absent by 
leave, a member not present when the ques- 
tion is stated from the chair, can not vote. 
A person on duty as a member of a Confer- 
ence Committee, is considered as having leave 
of absence. A member can not vote when 
his private right, distinct from public interest, 
is concerned. [This point is more fully ex- 
plained in § 9, c.~\ Quasi members [11] are 
not usually allowed to vote. The president, 
if a member, may vote or not, as he chooses, 
but it is not usual for him to do so, unless it 
would change the result , hence, he may vote 
after all others have voted, but if by ballot, he 
must do so before the ballot is declared 
closed. If on a division the affirmative re- 
ceives a majority of one. which would other- 
wise carry the measure, he may vote and 
defeat it. Except as above, all members pres- 
ent and in good standing [37], must vote on a 




XII. 

Com'tee 
102-ioi. 



XIV. 

Suggestion: 

112-114. 



m) 



IOO LAW OF ASSEMBLIES. 

question taken by yeas and nays, unless ex- 
cused [83] by vote. When unanimous consent 
is desired, objecting thereto is in effect voting. 

92. A Majority Vote (more than one- 
half of those voting) in the affirmative, is 
required, or the proposition is defeated. It 
requires a unanimous vote to Withdraw a 
Motion, Suspend the Rules, Expunge Min- 
utes, Take up Business out of its order, and 
in most cases to waive formality. Some mo- 
tions by special rule require more, and others 
less than a majority. [112, c] 

93. Changing a Vote in voting by yeas 
and nays, is admissible, but not after the 
result is announced from the chair, even 
though the vote was given under a misappre- 
hension on the part of the voter. Votes can 
not be changed in voting by any other method, 
unless from some cause the vote is retaken. 
For errors in voting, see § 55 a. 

94. Preliminaries. When an assembly 
appears to be ready to vote on a question 
before it, the president inquires whether the 
assembly is ready for the question, giving 
opportunity for debate if the question is 



VOTING. 



IOI 



debatable, and whether it is or not, for ques- 
tions of higher rank. Should no member 
rise, the vote is proceeded with. In affirma- 
tive and negative voting, it is not a full 
question until the negative is put ; hence, 
Preferred Motions and debate are in order up 
to the time of putting the negative. When 
the subject is reopened after the affirmative 
has been put, it must be put again, and if 
desired by any member, the question must be 
restated. - 

a. Tellers. Counting, when not done by 
the president, is done by tellers appointed by 
him from both sides of the question, when 
two sides appear to be represented, or by 
regular officers of whose duties this is a part. 
In large assemblies, each teller should be 
assigned a section of the house, and should 
report separately, the clerk taking down the 
numbers. When tellers are voters, they 
m should not count themselves on a division, 
but on reporting, should announce upon which 
side they wish to be counted, the clerk mak- 
ing the additions. No person should act as 
teller in canvassing votes for an office for 
which he is in nomination. 



XTI. 

Com'tees. 

I02-I03. 



XIII. 
Recapitu, 



XIV. 

SUGGESTIOI 
II2-II4. 



102 LAW OF ASSEMBLIES. 

b. Order. The rule against moving about 
the room, is to be particularly observed while 
voting. Members are not permitted to stand 
around the clerk's desk during the taking of 
the yeas and nays. Decisions on Questions 
of Order must stand without appeal until 
voting is concluded. [68, b ] 

95. Forms. Voting may be divided into 
three classes. It may be done by Approxi- 
mating, Counting and Quasi Voting. Approx- 
imating has two methods,- Responding and 
Showing Hands. Counting, results in enter- 
ing on the journal the number voting on 
each side. It is divided into four systems, 
Dividing, Taking the Xeas and Nays, Bal- 
loting and Viva Voce Voting. Dividing has 
three methods, Rising, Separating, and Pass- 
ing in File. Yeas and Nays are taken by 
two methods, Calling and Proclaiming. Bal- 
loting is of two kinds, Paper and Ball. Pa- 
per balloting is conducted by two methods,- 
Slip balloting and Close balloting, and either 
may be unanimous. Ball balloting may 
be conducted by two methods, Single-Box 
and Double-Box, and either may be Col- 
lective. 



VOTING. 



1°3 



96. Approximating, includes the meth- 
ods used when it is not deemed necessary to 
count and record the votes 

a. Responding. The question being stated 
or read, the affirmative is first put by the chair 
in substance as follows: "All in favor will say 
aye/' Those favorable to the motion at once 
respond "Aye." The negative is then put as 
follows : "All opposed will say no." The op- 
ponents of the measure then respond "No." 
The president then announces the vote car- 
ried or lost, as the case may be. 

b. Showing Hands. This method differs 
from the last only in raising the right hand, 
first by those on the affirmative side and then 
those on the negative, instead of responding. 

97. Dividing, takes place when the chair 
is in doubt as to the result of a vote by Ap- 
proximating, or having decided, when some 
member rises and expresses a doubt after 
the vote has been once taken, or twice at the 
option of the president. In voting by this 
system, the number voting on each side, is 
to be entered on the journal. In case a divi- 
sion is not called for immediately, and a new 
motion is entertained, or a member enters 



XII. 

Com'tees. 
I02-I0S. 



XIII. 
Recapiti 
109-111. 

XIV. 

SUGGESTIOl 
II2-II4. 



io4 



LAW OF ASSEMBLIES. 



who was not present when the vote was 
taken, it is then too late to question the 
decision of the chair, a is the most con- 
venient method for small and c for large 
assemblies. 

a. Rising. In voting by this method the 
members rise in their places as directed by 
the president, first those voting in the affirm- 
ative, and then those in the negative, standing 
in each case until counted by the president 
or tellers, and until the number is announced 
from the chair. 

b. Separating. In voting by this method 
the members take places on different sides 
of the house, those voting in the affirmative 
on the left of the president and those in the 
negative on his right, all standing until count- 
ed by the president or tellers, and until the 
vote is declared. 

c. Passing in File. With this method 
two tellers take position in front of the presi- 
dent's chair and count the members as they 
pass singly between them, first those voting in 
the affirmative and then those in the negative. 

98. Taking the Yeas and Nays. This 
system is used pursuant to a rule or vote 



VOTING. 



IOS 



[84], and results in recording the vote of each 
member. At the close of each vote and be- 
fore it is announced, it is often read over for 
correction. Absentees, and those present and 
not voting [83], may also be entered on the 
journal. 

a. Calling. In this method the clerk calls 
the names of members in alphabetical order, 
and repeats the answer of each as he places 
a figure in pencil at the left of the name if 
yes, or at the right if no. The figures on each: 
side should be in numerical order, as the. 
last two figures, one on each side, will then 
represent the vote. 

b. Proclaiming, is a more expeditious- 
method for organizations, a small portion of 
whose membership is in attendance at any 
one time. Each member rises in turn and 
"proclaims" his name and vote, both being 
taken down by the clerk who at the same 
time repeats each answer. 

99. Balloting, is done pursuant to a rule 
or vote. When all appear to have voted, the 
president inquires, "Have all voted who wish?" 
when, no response being made, he declares 
the ballot closed, after which no more votes 



XII. 

Com'tees, 
102-ioi. 



XIII. 

Recapitu. 

IOQ-III. 



109- 
XIV. 

SUGGESTIO 
II2-II4 



" 



io6 



LAW OF ASSEMBLIES. 



can be received. There can be no election 
on an informal ballot, even by a majority vote. 

a. Paper Balloting. This takes place 
when the balloting is not affirmative and neg- 
ative. Each member writes his vote on a 
paper which is deposited in the ballot box. 
All the votes cast for eligible candidates, 
whether nominated or not, are legal votes, 
and all blanks and those for persons not eligi- 
ble are illegal. A majority of the legal votes 
is necessary to a choice. Each candidate is 
entitled to all the votes which are manifestly 
intended for him. Two or more members bear- 
ing the same surname being eligible, and but 
one of them in nomination, that one would be 
entitled to all the votes bearing that surname 
alone. A like distinction is made when only 
one of the parties bearing the same name 
is eligible, but when two or more with the 
same name, stand on the same footing, neither 
would be entitled to such votes though they 
would not be illegal. In case of an election, 
the president declares it, otherwise a new 
vote must be taken. This kind of balloting 
may be used for selecting the place of meet- 
ing, and for other purposes. 



VOTING, 



IO7 



(1) Slip Balloting. By this method each 
member writes his vote on a slip of paper and 
deposits it in the ballot box as it is passed 
round by the tellers, who after the ballot is 
closed, canvass the vote and report, first, the 
whole number of votes cast; second, the 
number of legal votes cast ; third, the num- 
ber necessary to a choice ; fourth, the number 
of votes cast for each person, legal votes 
taking precedence ; and fifth, the number of 
blanks. Ballots with the name written differ- 
ently, though intended for the same person, 
must be reported separately for the ruling of 
the chair or assembly. . 

(2) Close Balloting. By this method each 
ballot is folded and handed to the tellers who 
are seated at a table and deposit the votes in 
a box as fast as received. In canvassing, the 
tellers read each vote aloud, the clerk taking 
them down, after which he reports in the form 
given for tellers in the last paragraph. When 
two or more ballots are folded together and 
cast by one person, they are excluded. 

(3) Unanimous. When there is but one 
candidate in nomination, a teller may, by 
unanimous vote, be instructed to cast the 
ballot of the assembly for that candidate. 



XII. 

Com'tee; 

I02-I03. 

XIII. 

Recapitu, 

109-111. 

XIV. 

Suggestion 
112-114 






Io8 LAW OF ASSEMBLIES 

b. Ball Balloting. Affirmative and neg- 
ative balloting, as in the election and expulsion 
of members of societies, is' usually done by 
ball instead of paper ballots. Each member 
deposits his own vote, and the box is usually 
inspected by the president as well as by the 
tellers, both before and after voting. In the 
absence of ball ballots, paper may be used in 
this kind of voting. 

(i) A Single Box has but one aperture. 
Either of the following are used respectively 
for affirmative and negative ballots : white 
balls and black balls, balls and cubes, or 
white balls and black cubes. 

(2) A Double Box has the left hand side 
white or labeled "Yes," and the right hand 
side black or labeled "No," and an aperture 
in each. The balls are uniform. The voter 
extends his palms that the tellers may see that 
he holds but one ball, then to make his ballot 
a secret one he brings his hands together in 
such manner that it is not known in which 
he leaves the ball, and in depositing it he 
places a hand over each aperture. 

(3) Collective. To save time the president 
may order a ballot on two or more candidates 



VOTING. 



109 



for membership, at one vote, but one or more 
negative votes would render such ballot void 
and a new one necessary. This course may 
be pursued with either a single or double box. 

100. In Viva Voce Voting the roll is 
called and each member rises and names the 
candidate of his choice. 

101. Quasi Voting. Giving general (unan- 
mous) consent is equivalent to voting It is 
permitted in routine business to save time. It 
is explained in § 49. 

See Elections, § 55, d, and Nominations, 
§ 80. 

ARTICLE XII 



Committees. 

102. Kinds. Committees are of five 
kinds ; viz., Committees of the Whole, Stand- 
ing, Special, Conference, and Joint. The 
last four are often called Select Committees 
to distinguish them from Committee of the 
Whole. Boards of managers, Trustees, and 
Directors, usually act in the capacity of com- 
mittees. They are often also of the nature 



XII. 

Com'tees. 

I02-I03. 



XIII. 

Recapitu, 

109-111. 

XIV. 
Suggestion 
112-114. 



110 LAW OF ASSEMBLIES. 

of representatives. Committees of the Whole 
are, for convenience, treated after the others 
in this article. 

103. Standing Committees are appointed 
for a class of subjects, and usually for a 
stated term. They are governed by the 
same rules as Special Committees, except that 
they are continued for other purposes, after 
making their report on matters referred to 
them. They are often vested with authority 
to originate business within their jurisdiction. 

104. Special Committees are those ap- 
pointed for a special purpose. 

a. The Chairman may take part in the 
proceedings by voting and debating. He 
acts as clerk, if none is appointed, but the 
committee may appoint to that position an- 
other member, or a person not a member of 
the committee. The first one named on a 
committee, is temporary chairman [4], and in 
his absence, the next, and so on. 

b. Meetings. When not named by the 
assembly, the time and place are selected by 
the committee. None, however, but Confer- 
ence and Joint Committees, may sit without 



COMMITTEES. 



Ill 



permission during a Sitting of the assembly, 
but if sitting when the assembly is called, a 
committee should immediately rise. The 
first meeting is called by the chairman, but if 
he is absent, or neglects it, any two members 
may call it. Other meetings, if not provided 
for in committee, are called in the same man- 
ner. A quorum having been present, and a 
meeting regularly adjourned, it is not neces- 
sary, though advisable, to notify absentees of 
the time to which it was adjourned. 

c. A Quorum consists of a majority, except 
where the committee is charged with matters 
of a judicial nature [108], in which case all 
must be present, unless both parties interested 
consent directly, or by their representatives, 
to proceed with a majority. 

d. Spectators. Members of the assembly 
in good standing, can not be excluded from. 
the committee meetings while testimony is 
being taken, or other investigation is being" 
conducted, unless the committee is charged 
with secret business. Spectators can not 
vote, and they may be required to ' take 
separate seats, or to leave, when the commit- 
tee is prepared to deliberate. 



XIII. 

Recapitu, 

109-111. 



XIV. 

Suggestion: 
112-114. 




112 



LAW OF ASSEMBLIES. 



e. Subcommittees may be appointed to 
report to the committee on divisions of the 
subject, 

f. Proceedings in committee, are to be 
conducted under general parliamentary prin- 
ciples, but by unanimous consent, formality 
is often waived [49]. Action can be taken, 
however, only when the committee is regularly 
assembled, as separate agreement is not legal 
action. A vote can not be reconsidered in 
committee. 

g. Amendments. A committee can not 
change, except by special instruction, that 
which the assembly has adopted. Neither 
can they change the subject or title of the 
matter referred to them. These can be 
changed only by the assembly. With these 
exceptions, the committee has full power over 
the matter, and may report adversely. A 
paper referred must be returned without be- 
ing altered or defaced in any manner. All 
amendments, even those ordered by the 
assembly, must be added on a separate paper, 
referring to paragraph, line, and word in the 
original, or if many changes are made, they 
may be embodied in a new draft. An audit- 



COMMITTEES. 



i'3 



ing committee to whom a financial report is 
referred, may, however, indorse a report of 
approval on the back of such financial report. 

h. The Report, if expected to carry 
weight, should contain the evidence or argu- 
ment upon which the recommendations are 
based. It should be in writing, and contain 
distinct propositions for adoption, in the form 
of resolutions, or otherwise separate from the 
argument. In case evidence is taken at 
length and submitted, it should form a sepa- 
rate part of the report. The chairman may 
sign the report in behalf of the committee, 
but it is better for all to sign who approve it. 
A minority report may be made, which may 
come up in the assembly as a substitute 
(amendment) for the regular report. 

i. Decorum. Insulting language, or dis- 
orderly conduct, must be recorded in the 
same manner as in the assembly [33], but 
they can only be reported to the assembly for 
its action. 

j. Close. The committee rise on comple- 
tion of their business. If it has named no 
one to present the report, that duty devolves 
upon the chairman. The committee is dis- 



XIII. 

Recapitu. 
109-JII. 

XIV. 

Suggestion; 
112-114. 



ii4 



LAW OF ASSEMBLIES. 



charged by the reception of the report, but 
may be re-appointed by vote of the assembly. 
If a subject is recommitted, all papers are 
returned to the committee, the subject stands 
in the same state as when first referred, and 
an entirely different report may be made out. 

105. A Conference Committee is a form 
of select committee. It consist of two com- 
mittees, — one appointed by each coordinate 
legislative branch, each acting separately by a 
majority vote. It is their duty to confer 
together, and agree, if possible, on such 
amendments as will be acceptable to both 
houses. When they can not agree, or when 
their report is not acceptable, a new commit- 
tee is usually appointed. 

106. A Joint Committee is constituted by 
the appointment of members from each house. 
They act as one committee, and may be 
instructed by either house. It may be either 
special or standing. 

107. Committees of the Whole consist 
of all the members of the assembly. 

a. The President is relieved on the vote 
to Commit, or that the assembly do now 



COMMITTEES. 



115 



resolve itself into a Committee of the Whole, 
for the purpose of considering some particu- 
lar subject, but he should remain in the room 
to resume his position in case the committee 
should rise, or break up in disorder. If a 
message from the Executive, is announced, he 
should take the chair long enough to receive 
it. If a member of the assembly, he may 
take part in the proceedings of the commit- 
tee. All other officers remain at their posts, 
the duties of the clerk, however, usually fall- 
ing upon an assistant. 

b. The Chairman, if appointed by the 
president, occupies the chair until the close of 
the Sitting, unless the committee elects an- 
other; but if elected by the committee, he 
continues to serve during all the Sittings for 
the consideration of the same subject, until it 
is reported to the assembly, which report ends 
the labors of that committee. It is not 
improper, though unusual, to make the presi- 
dent of the assembly, chairman. In legislative 
bodies, the chairman usually takes his place at 
the clerk's desk, instead of the chair of the 
assembly. 

c, A Quorum consists of the regular as- 
sembly quorum. Whenever a less number is 



XIII. 

Recapitu, 

109-IIX. 

XIV. 

Suggestion: 
112-114. 



W 



Il6 LAW OF ASSEMBLIES. 

present, the committee should by motion rise 
and report to the assembly the cause. If it 
is then ascertained that there is a quorum 
present, and the assembly does not adjourn, 
the committee, without vote, immediately re- 
sumes its sitting. 

d. Proceedings are governed by § 108, 
and subsections g, /, and / of § 104. They 
are otherwise like the proceedings of the 
assembly, with the following exceptions . 

(1) Privileged Questions. To Rise, or if 
business is not concluded, to Rise, report pro- 
gress, and ask leave to sit again, takes the 
place of the motion to adjourn, and no other 
Privileged Question is admissible. 

(2) Subsidiary Questions. Questions of Or- 
der and Appeal, and amendments, are the 
only Subsidiary Questions which can be en- 
tertained. 

(3) Incidental Questions. The following 
are not admissible: To Reconsider, To Sus- 
pend a Rule, To Take the Yeas and Nays, to 
Limit, or Extend Debate. Neither a special 
rule of the assembly, unless so stated, nor the 
Parliamentary Rule limiting debate, applies in 
Committee of the Whole. 



COMMITTEES. 



II 7 



(4) The Chairman may take part in the 
proceedings as a private member. 

(5) The Journal Entries consist of the 
report made by the chairman after the presi- 
dent resumes the chair, which report should 
be the result, and not the intermediate steps 
taken. It is usual for the assembly to receive 
the report before adjournment, but if it 
decides otherwise, it comes up after the 
journal is read at the nextSitting, unless there 
is an Order of Business, in which case it must 
await its place, taking precedence among 
reports. 

108. The Investigation of Charges 

[34], is generally referred to a Special or 
Standing Committee, or to the Committee of 
the Whole, usually to the former. At the 
examination, both parties may be present with 
counsel, and introduce and cross-examine 
witnesses. Evidence in order to sustain the 
charge, need not be strong enough to convict 
in criminal proceedings. The evidence and 
proceedings should all be written down by 
the committee. 

a. If Written Evidence is used, the 
questions and cross-questions are to be agreed 



XIII. 

Recapitu. 

109-111. 

XIV. 

Suggestion: 
112-114. 



Tl8 LAW OF ASSEMBLIES. 

or decided upon before being submitted to 
the distant witness, and the authenticity of 
the replies must be evinced by the hand 
writing, or otherwise. 

b. Notice. The accused should be served 
with a copy of the charges, together with a 
written notice signed by one or more members 
of the committee, to appear at a stated meet- 
ing of the committee, previous to which Sitting 
the investigation cannot begin. Fifteen day's 
notice should be served personally, if the ac- 
cused is to be found ; otherwise, it should be 
left at his usual place of abode, or at his 
usual place of business, in some conspicuous 
place. The committee should also serve the 
accuser and witnesses with notices to attend. 
If the assembly is not authorized by law to 
send for persons and papers, a notice to a 
person not a member, should be in the form 
of a request. If the case is adjourned from 
time to time, no additional notice to the 
accused need be given. When the charges 
are amended by consent of the committee* 
the accused is entitled to an adjournment to 
prepare his defence. 

c. The Report should contain one or 
more resolutions as to guilt, and if the accused 



COMMITTEES. 



II 9 



is deemed guilty, one or more as to penalty, 
and should be accompanied with the full 
proceedings of the committee. If the accused 
or accuser (or witness if a member) fails to 
appear after being duly notified, and does 
not render a satisfactory excuse, he should be 
reported as guilty of contempt, but the in- 
vestigation may take place if the means are at 
hand. 



XIII. 

Recapitu. 
109-111. 

XIV. 

Suggestion; 
112-114. 



120 



LAW OF ASSEMBLIES. 



article xiii. Recapitulation, 



3 
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5 

6 

7 

8 

9 

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ii 

12 

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C. 

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4 79 

5 8o 

6 8i 
782 
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9S4 



Question Table. | 



Stars answer questions af- 
firmatively; blanks negative- 
ly. Ciphers indicate that 
the questions can not be ap- 
propriately answered by yes 
or no. Grade Questions are 
here arranged according to 
priority. For further infor- 
mation regarding any ques- 
tion, consult the section 
cited in the cross reference. 



Privileged Questions 

Fix the time for next Sitting 
Adjourn, - 
Subjects of Privilege, 
Take up Special Orders, - 

Subsidiary Questions : 

Lay on the Table, 
Questions^ of Order, not 

Submitted, 
Questions of Order, Sub- { 

rnitted, - - j 

Appeal Regarding Decorum, 
Appeal Regarding Other \ 

Questions, f 

Close Debate, 
Postpone to a Stated Time, 
Make a Special Order, - 
Commit, - 

Amend an Amendment, - 
Amend, - 
Amend the Rules, - 
Repress, - 

Incidental Questions : 

Divide, - 

Limit, or Extend Debate 

Withdraw a Motion, - 

Suspei d the Rules, 

Open, or Close Nominations, 

Read a Paper, 

Reconsider, - 

Excuse from Voting, 

Take the Yens and Nays, 











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Resultant Questions : 

Agree, - 

Disagree, - - 

Recede, - 

Insist, - - - - 

Adhere, - - - - 

Original Motions : 

Discharge a Special Order ) 
or Orders, - - f 
Expunge Minutes, 
Fix the Time for next Sitting, 
Reconsider, - 
Relieve a Committee, - 
Take an Intermission, 
Take from the Table, - 

Special Subjects: 

Doubting Title to the Floor, 
Doubting Result of a Vote, 
Illegal Vote, - 
Motion Withdrawn, 
Motion requiring Unanimity, 
Measures if from Cobrdi- 1 

nate Branch, - j 
Nominations (FnTg Blanks 1 

included), j 
Rep'tsof Confer'ce Com' tees 
Seconding a Motion, 
Vetoed Bills on Reconsid'n, 
Votes if Reconsidered, - 
Votes previously Reconsid'd, 
Votes on Admission to / 

Membership, - f 
Votes on Election to Office, 
Votes on Guilt or Penalty, 


* 
* 

* 




* 

V 
* 










* 



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V 



XIII. 

Recapitu. 

109-111. 

XIV. 

Suggestion; 

112-114. 






122 LAW OF ASSEMBLIES. 

110, Objects of Motions. The syste- 
matic classification of motions will be found 
in Art. VI, but for the purpose of comparison 
and contrast, a few of them are here classed 
according to their objects. 

a. Similarity. Under this head is shown 
the manner in which different motions may 
be used to accomplish the same purpose. 

(i) Modifying. For this purpose the mo- 
tions to Commit, to Amend, and to Reconsider 
are used. 

(2) Deferring. This is done by the mo- 
tions to Adjourn, to Lay on the Table, to 
Postpone to a Stated Time, and to Commit. 

(3) Stopping Debate is done by the motions 
to Close Debate, and to Limit Debate. 

(4) Suppressing is done by the motions to 
Lay on the Table, and to Repress. 

b. Contrast. Under this head is shown 
by contrast the different effects of similar 
motions. 

(1) Separating. To Divide for the purpose 
of consideration, is an Incidental Question, but 
to separate permanently two parts of a para- 
graph or clause, is an amendment. 



RECAPITULATION. 123 

(2) Questions of Order and of Privilege 
should not be confounded. The former 
guide and direct the business before the as- 
sembly, while the latter interrupt it. Subjects 
of Privilege is a better term to apply to the 
the latter, to avoid confusion with the term 
Privileged Questions. 

III. Interruptions are regulated as fol- 
lows : 

a. Adjourning. Business unfinished is 
discharged by a dissolution, but it may be com- 
menced de novo at another Session. The same 
is true if interrupted by the close of a Session 
which does not complete an Assembly Term 
provided three months or more intervene be 
tween Sessions. If less than three months 
intervene, or if it is interrupted by the ad- 
journment of a Sitting merely, it is resumed 
and has preference as unfinished business. 
This is the case whether the adjournment 
was for the want of a quorum or otherwise. 

b. Deferring. Motions tabled or postpon- 
ed, when taken up stand in the same condi- 
tion as to Auxiliary Questions and debate as 
when deferred. The motion to Reconsider, if 
carried as an Original Motion, brings the sub- 



xiv. 

Suggestion; 
112-114. 



f 



'M;w ft 



124 LAW OF ASSEMBLIES. 

ject up anew as to Auxiliary Questions and 
debate. 

c. Speaking. A person entitled to the floor, 
who yields it for a motion to Adjourn or to 
Postpone, or makes the motion himself, is 
again entitled to it when the subject is re- 
sumed, whether the motion prevails or not, 
provided he reserves the right when the mo- 
tion is made. 

ARTICLE XIV. 

Suggestions. 

112. Laws and Rules. The special laws 
of a government or assembly, are those in use 
only by itself. The Constitution and laws of 
the United States, are its special laws, as dis- 
tinguished from the common law. The 
special laws of a state, are its constitution and 
statutes; those of a city, are its charter and 
ordinances. Some organizations having dif- 
ferent branches, have laws of general applica- 
tion, and special laws for each branch. Laws 
of legislatures and other assemblies, sometimes 
consist of the following kinds, and they rank 
in the order named. It is well for the order 



SUGGESTIONS. 1 25 

of business to form a part of the rules: Con- 
stitution, Laws or By-Laws, Rules, Order of 
Business, Standing Resolutions or Orders, and 
Parliamentary Law. 

a. The Constitution of a society, like 
that of a state, should contain fundamental 
laws not subject to frequent change. It is 
well to provide that amendments shall be 
made only at annual, semi-annual or quarter- 
ly meetings, by a two-thirds vote after specific 
notice. It should contain a provision for 
amending the various kinds of laws and rules, 
otherwise they may be amended by a majority 
vote, at any time after the Session Period 
during which they were adopted. For many 
societies the following is a good arrangement 
of articles to be subdivided into sections. 

( 1 ) Organization. 

(2) Membership. 

(3) Meetings. 

(4) Officers. 

(5) Finance. 

( 6 ) Rules and A mend?nents. 

6. The By-Laws should contain all the de- 
tails that are considered necessary, except the 



xiv. 

Suggestion; 
112-114. 



126 LAW OF ASSEMBLIES. 

manner of conducting business, which should 
be left to the 

c. Rules of Order. As it is desirable that 
all should become familiar with Parliamentary 
laws, it is well to put them in practice by 
adopting as few special rules as practicable 
and consistent with the objects of the society. 
Many organizations have Rules of Order 
which are mainly a recapitulation of parlia- 
mentary rules. The author has endeavored 
to make this work sufficiently systematic and 
concise to avoid the necessity for the adoption 
of any rules except such as change the par- 
liamentary law. A set of rules can not be 
adopted which would not be subject to change 
during any future Assembly Term. The fol- 
lowing are suggested from which societies may 
select: 

(i) Preferred Questions. The only Prefer- 
red Questions entertained shall be the follow- 
ing, to rank in the order named: To Adjourn, 
Subjects of Privilege, To Repress, To Lay on 
the Table, Questions of Order, To Close De- 
bate, Incidental Questions, To Postpone to a 
Stated Time, To Commit, and To Amend. 

(2) To Repress shall rank all other Subsi- 
diary Questions, and it must be decided with- 



SUGGESTIONS. I27 

out debate. It can not be entertained unless 
moved when the Main Question is first intro- 
duced, and for this purpose a speaker may be 
interrupted. It shall require a two-thirds 
vote to adopt. 

(3) To Close Debate shall not be moved by 
any person who has debated the question. It 
shall require a two-thirds vote. 

(4) To Reconsider shall not be a debatable 
question. It must be moved at the same, or 
next regular Sitting. 

(5) To Suspend the Rules can be adopted 
only by a two-thirds vote. 

(6) The Yeas and Nays may be ordered by 
a one-fifth vote. 

(7) Debating. No member shall debate 
more than five minutes at a time, unless the 
time is extended by the usual parliamentary 
rule. 

(8) Voting. After voting has commenced, 
it shall not be interrupted by motions and de- 
bate, provided the president shall have given 
ample opportunity for them before putting the 
question. 

(9) Authority. The American Manual of 
Parliamentary Law, shall be authority in alL 
cases, in the absence of a law or rule. 



128 LAW OF ASSEMBLIES. 

d. Order of Business. It is well to pro- 
vide that the divisions may be called out 
of consecutive order by a two-thirds vote, 
otherwise it would require unanimous consent. 
If the Order of Business is made one of the 
Rules of Order, and a provision is therein 
made for suspension, that would answer the 
same purpose. The following is appropriate 
for many societies: 

(i) Roll of Officers and pro tern, appoint- 
ments. 

(2) Reading and approving Journal. 

(3) Election to Membership. 

(4) Propositions for Membership {usually 
acted on at a f utter e meeting). 

(5) Reports of Officers and Committees. 

(6) Special Orders {including Elections). 
( 7 ) Unfinished Business. 

(8) Communications and New Business. 

e. Standing Resolutions or Orders. 
These being usually of the nature of rules, it 
is much better to embody them with the regu- 
lar rules or By-Laws. 

f. Parliamentary Law occupies a posi- 
tion in deliberative bodies similar to that 
which the common law does in state govern- 



SUGGESTIONS. I 29 

ment; it governs such cases as are not covered 
by law or rule. As, however, it is not as well 
defined, it is better for an assembly, even 
though it should have but a single Sitting, 
to adopt at the outset some authority. 
[112 c, (9).] 

113. Decorum. With an efficient person 
in the chair, there is no difficulty in preserving 
order in a well disposed assembly. The 
practice of attempting to assist in preserving 
order by cries of " Question " or " Order," 
or by rising to express an uncalled-for opin- 
ion, is itself a breach of order and should 
not be tolerated. It is well to remember 
that but one person at a time, can state a 
point of order, and that if this is not satisfac- 
torily decided, an appeal can be taken. When 
a Question of Order is raised, those only should 
speak whose advice is asked by the chair. Ill- 
advised efforts to assist the chair in maintain- 
ing order, only add to the confusion. 

114. Hints on Presiding. A person un- 
fitted for the position, does himself and the 
assembly great injustice by accepting the 
office of president. To serve successfully in 
that capacity, a person should become familiar 

9 



I30 LAW OF ASSEMBLIES. 

with parliamentary law and cheerfully set the 
example of conforming to its requirements. 
A writer in describing the true qualifications 
of a president says, " To an enlargement of 
mind capable of embracing the most com- 
prehensive subjects, must be added the faculty 
of descending with precision to the most 
minute." 

He must have perfect control of himself, or 
he ought not to expect to control others. A 
lack of promptness, clear perception, and self- 
possession, is soon discerned, and the result is 
disastrous to good order. A president who 
frequently submits Questions of Order to the 
assembly for decision, necessarily loses the 
confidence of the body over which he pre- 
sides. He should give close attention to each 
speaker and to the proceedings generally. As 
far as consistent with efficiency of work, he 
should distribute his appointments among as 
many as possible. 

There is no place, Save the home circle, in 
which good nature and a courteous bearing 
towards associates, is so much needed as in a 
deliberative assembly. He who knows his 
rights and is able to maintain them, yet with 



SUGGESTIONS. 131 

uniform politeness prefers others to himself, 
is the model parliamentarian. To be able to 
diffuse this generous spirit throughout the as- 
sembly, and yet, to decide all questions impar- 
tially, should be the object of its president. 

He should not appear to incline to either 
side of pending questions, hence should sel- 
dom exercise his right to vote, as in most 
cases it would not affect the results. Though 
he has the right to vacate the chair and take 
part in debate, he should very rarely avail 
himself of it. He should never transgress the 
rules by debating in his place. The practice 
of leaving the chair vacant and passing about 
the room, is to be deprecated. So also, is that 
of using the pronoun " I," instead of the official 
title. It is better to say, " The decision of 
the chair, is," etc., than, "I decide,'"' etc. 
While promptness is greatly to be desired, it is 
unwise to jump at conclusions, and when the 
president finds he has erred in a decision, it is 
far better to frankly acknowledge the error 
than to persist in maintaining it. 



INDEX. 



[For Plan of the work, see Table of Contents, page 5.] 






SECTIONS, 


Adhere, - 


- 


71, 109 


Adjourn, - 




- 64, 1(»9 


Fix the time to which to, 


- 


63. 100 


Adjournment, - - - - 




21 


Admission to Membership, 


- 


- 54, 55a, 109 


Agree, 




74 


Alternate, - 


- 


— 
- » 


Amend, - 




73, 74, 104i;, 109 


Amend an Amendment, - 


- 


73, 109 


Rules, ----- 




73/f, 109, 112a 


Amended, Motions that can not be, 




73a 


Amendments, Concurrent, 


- 


74 


Appeal, - 




- 68, 69 


to a Higher Tribunal, - 


- 


69 


Approximating, _ _ _ 




96 


Assembly Law, - 


- 


13, 112/ 


Term, ----- 




17 


Auxiliary Questions, - 


- 


59 


Ayes and Noes. See Yeas and Nays. 






Balloting, - 


- 


36, 99 


Bills, ----- 




74 


Blank Ballots, - 


- 


99rt 


Blanks, Filling-, - 




7;v 


Board of Trustees, 


- 


17, 102 


Business, General, - 




- 41-55 


Introduction of, - 


- 


41-47 


Unfinished, - 




- iwt 


By-Ijaws, - 


- 


112/) 


Call for a Meeting, - 




1 


the Roll, - - - - 


- 


26// 


to Order, - 




- 1,24c 



INDEX, I33 









SECTIONS, 


Calling, 


_ 




98a 


Chairman, 


2, 24, 90 


104a, 


Changing Votes, 


- 


- 


93 


Charges in Writing, 


_ 




34, 1C8 


Charts, 


pages 50, 98. 






Ch 11 relies, 


. 




10 


Classification of Q11 


estions, 


- 


- 56-62 


Clerk, - 


_ 




26, 69 


Close, 


~ 


- 


21, 64a 


Close Debate, 


_ 




TO, 74b, 109 


Nominations, - 


- 


•- 


- 80, 109 


Collective Ballot, 


_ 




- 99b 


Commit, - 


- 


- 


72, 109 


Committee, 


- 




102-108 


Amendment, - 


_ 


- 


- 104a 


Appointment, 


. 




72 


Chairman, 


. 


104a, 11 


Close, 


- 




104/ 


Conference, 


- 


- 


74/ 


Decorum, 


_ 




104i 


Investigating- Charges, 


- 


108 


Joint, 


_ 




106 


Journal Entries, 


*> 


* 


26/ 


Meetings, 


- 




104b 


Notification of, 


„ 




26i 


of the Whole, 


_ 




107 


on Distribution, 


_ 


- 


49 


on Programme, 


- 




49 


Proceeding's, 


- 




- 104/, 107a" 


Quorum, 


_ 


- 


104c, 107c 


Special, 


- 




104 


Spectators in, - 


_ 


- 


- 104c? 


Standing*, 


_ 




103 


Communications, 


- 


- 


46 


Commuting Sentence, - 




39 


Concurrent Amendments, 


- 


74 


Conference, - 


_ 




74/ 


Constitution, - 


- 


- 


- 112a 



134 . LAW 0F ASSEMBLIES. 

SECTIONS. 

Consent, General (same as Unanimous)* 49 

Contempt, Open, - - - - - 33 
Content*, - - - • page 5 

Contested Seats, - 8 

Contracts* _____ 54, 55 c 

Corporate Bodies, - 10 
Court Decision*, ----- 10 

Credentials, Preparation of, - 2Qh 

Reception of ,----- - 7 

Day, Parliamentary or Legislative, - 23, 64b 

Death, -------50 

Debate, allowed on Main Question, - - 59a, 109 

Close of, - .. - - - - 70, 109 

by the president, - - - - - 90 

Limitation of, - - - - - - 87 

Limit, or Extend, - 77 

Debatable Question*, - - 85, 109 

Questions not, - - - - 86, 109 

Debating, 85 90 

Decorum, - - - - 9o\ 30-40, 104i, 113 

Deferring, Motions for, - 110a 

Delegated Bodies, - 6 

Delegates, ______ 7 

Disagree, ______ 74, 109 

Discharge a Committee, - 72c 

a Special Order, 71c?, 109 

Divide, Motion to, - 76, 109 

Dividing, - 97 

Dissolution, ------ 21 

Dissolve, Motion to, - - - - - 64a 

Disorder, -------30 

Doorkeeper, ------ 88 

Doubting Result of a Vote, - 97,109 

Title to the Floor, 42, 100 

Duties of Officers, - * - - - 24 29 

Duty of Voting, - - - - - 9,91 



INDEX. 


1 


35 




SECTIONS. 


Ecclesiastical Tribunals, - 


- 


10 


Ejection, * 


- 


38 


Elections, ------ 


54a, 55a", 99, 


109 


Eligibility to Office, - 


- 


5 


Equality of Bights. - 


- 


9 


Equivalent Questions or Motions, 


- 


51 


Errors, - 


- 


55 


Evidence, - 


108a 


Excuse from Voting, 


- 83, 


109 


Explanations, - 


- 


88 


Extend Debate, - 


- 77. 


109 


Expunging Minutes, - 


26a, 


109 


Filling Blanks, - 


- 73e, 


109 


Financial Clerk, - 


- 


127 


Floor Contested, 


- 


42 


Obtaining the, 


- 


41 


Fixed Orders, • - 


- 


66a 


Fix tlie Time for next Sitting-, 


. - 63, 


95 


Forms of Voting, - 


_ 


General Consent {same as Unanimous), 


- 


49 


Business, 


41-55 


Grade Questions, - - - 


- 


61 


Guilt, Question of, - 


33d, 54fc, 


109 


Hints on Presiding - , - -' 


- 


114 


Idiocy, - - - - - - 


- 


9ft 


Illegal Vote, - 


55, 


109 


Incidental Questions, - - 591 


>, 76-81, 107(7, 


109 


Incorporations, 


- 


10 


Indefinite .Postponement, 


75, 


109 


Informality, - - - 


- 


49 


Insanity, -__._■_ 


- 


9ft 


Insist, - 


71, 


109 


Insulting Language, - 


- 


33 


Intel mission, 


11, 21, 64a. 


109 


Interruption of Business, 


64c, 


111 


of a Speaker, - 


- " 43,89, 


111c 


Intoxication, - 


- 


9ft 


Introduction of Business, - 


- 41-47 


Investigation of Charg*es, 


31-36, 


108 



1 36 . LAW OF ASSEMBLIES. 

SECTIONS. 

Journal, - - - - - - 26/#, 107cZ 

Law of Assemblies, - - - - - 13, 112/ 

Parliamentary, - • - - 13, 112/ 

Laws and Rules, - 112 

Lay on the Table, - 67, 109 

Legal Bodies, _____ ]0 

Legislative Day, - 23, 647) 
Lie on the Table. See Lay on the Table. 
Limit, or Extend Debate, - - - -77,109 

Limitations ol* Debate, - 87 

Main Questions, _____ 58 

Mails, ___--_ 69c 

Majority Vote, 92 

Make an Order of the Day, - - - 71, 109 

a Special Order, - - - - 71, 109 

Meetings, - 14-23 

Regular, - - - - - - 14 

Special, ______ 15 

Members, Admission of, - - 54, 55d, 109 

Memorials. See Petitions. 

Minority Report, - 104h 
Minutes, _____ 26fg, 107d 

Moderator, ------ 24 

Morality, ______ 9(7 

Motions, 44,58-85,109,110 

See Questions. 

Contrasted, ------ 110/) 

for Deferring', ----- 1107) 

for Modifying", ----- noa 

for Separating, ----- 110/> 

for Stopping* Debate. - 110a 

for Suppressing, - 110a 

in Writing, ------ 44 

their similarity, - 110a 

Withdrawing, 78, 100 

Nominations, 2, 109 

Open and Close, ----- 80 

Numbering Papers, - 26k 

Paragraphs, ------ l Ry 



INDEX. 






137 

SECTIONS. 


Objects of Motions, 


- 


- 


110 


Obtaining the Floor, 


- 




41 


tifences, - 


- 9d, 


30-40, 104/, 108 


Officers, - 


- 




2-5, 24-29 


Duties, - - - - 


- 


- 


24-29 


pro tempore, - 


- 




29 


Removal of, - 


- 


- 


4 


>pen Contempt, 


- 




33 


or Close Nominations, - 


- 


- 


80, 109 


rider, Call to, 


- 




1 


>rder of Business, 


- 


- 


112tf 


in Voting, - 


- 




947/ 


Questions of , - 


- 


- 


68, 109 


)rdersoftheDay, - 


- 




86,71,109 


Special, - 


- 


- 


66,71,109 


Organization, 


- 




1-13 


permanent, - 


- 


- 


4 


Original Questions, 


- 




58a 


Papers, Reading, - 


- 


- 


81 


Parliamentary Day, 


- 




- 23, 64ft 


Law, - - - 


- 


- 


13, 112/ 


Passing in File* 


- 




97c 


Penalty, - 


- 


- 


32, 547j 


Permanent Organization, 


- 




4 


Petition, - 


- 


- 


46,48 


Postpone, Indefinitely, 


- 




- 75, 109 


Special Orders, - 


- 


- 


66 


to a Stated Time, - 


_ 




- 71, 109 


Precedence of Motions, 


- 


- 


109 


Preferred Questions, 


- 




- 60, 109 


President, - - - 


2,4,90 


, 104a, 1( 


Previous Question, 


• 




70,109 


Private Right, ... 




- 


8,9c 


Privileged Questions, 


- 


587) 


, 63-66, 107a" 


Proceedings in Committee, 


- 


~- 


104/, 107c7 


Proclaiming, 


- 




98fo 



Quasi, a Latin word pronounced with the sound 
of a as in fate, meaning, having a resem- 
blance to. 



138 LAW OF ASSEMBLIES. 













SECTIONS. 


Quasi Contracts, 




-. 


- 




- 54, 55d 


Members, 


- 




- 


- 


11 


Renewals, 


- 


-. 


- 




52, 109 


Repeals, - 


- 




- 


- 


53,109 


Voting, 


- 


- 


- 




101 


Questions. See Motions. 












Extended List of, 


- 


- 


- 




109 


Auxiliary, 


- 




- 


- 


59 


Chart, 




page 50. 






Classification of, 


- 


- 






- 56-62 


Debatable, - - - 


- 




- 


- 


85 


Grade, - 


- 


- 






61 


Incidental, - 


- 




59?), 


76-84. 


107cZ, 109 


Main, - - - 


- 


- 






58 


Not Debatable, 


- 




- 


- 


86 


Objects of, 


- 


- 




- 


110 


Original, - 


- 




-■ 


- 


58a 


of Guilt, 


- 


- 




- 


33d 


of Order and Appeal, - 


- 




- 


- 


68, 109 


of Privilege, - 


- 


- 




- 


65 


Preferred, - 


- 




- 


- 


60,109 


Privileged, 


- 


- 


581b, 


63-66 


, 107c7, 109 


Reciprocal, 


- 




- 


- 


62 


Resultant, 


- 


- 






- 59c, 74 


Stating the, 


- 




- 


- 


45 


Subsidiary, 


- 


- 


59a, 


67-75 


107c?, 109 


Table, 


- 




- 


- 


109 


Quorum. - 


- 


- 




- 12, 


104c, 107c 


Race, - 


- 




- 


- 


9 


Read a Paper, - 


- 


- 






- 81,109 


Recapitulation, 


- 




- 


- 


109-111 


Recede, - 


- 


- 






- 74,109 


Reciprocal Questions, - 


- 




- 


- 


62 


Reconsider, 


- 


- 




- 


39, 82, 109 


Cannot, - 


- 




- 


- 


109 


Recording Officer. See Clerk. 










Refer, Motion to, 


- 


- 




- 


72, 109 



INDEX. 


1 39 




SECTIONS. 


Relieve a Committee, 


- 72c, 109 


Removal of Officers, - - - - 


4, 32 


Renewals, - - 


51, 52 


Repeals, ----- 


- 51, 53 


Reports, - 


2fy\ 47, 48, 104ft, 108c 


Repress, - - 


- . - 75 


Responding, - 


96a 


Resolutions, - 


44, 112c 


Resultant Questions, 


59c, 74, 109 


Right and Duty of Voting, 


9, 91 


Rights, Equality of, 


9 


Rise, Motion to, - 


64a 


Rising, - 


97a 


Roll Call, - 


26b 


Rules, 


- 73fr, 79, 109, 112 


Seconds, - - - - - 


- 44,109 


Secretary, - 


26 


Separating, -.-,-- 


97ib 


Session, _■'___ 


18 


Session Period, 


19 


Sex, - 


- 9 


Scribe, ----- 


26 


Showing Hands, - 


96b 


Sitting, _____ 


20 


Speaker, Interruption of a, 


43 


Speaking, See Debate. 




Special Orders, - 


- 66,71,109 


Rules, - 


112 


Stage of Rusiness, 


22 


Standing of Members, 


37 


Resolutions, - 


112c 


Stating the Question, 


45 


Subsidiary Questions, - 


59a, 67-75, 107d\ 109 


Sub-Sitting, _ 


21 


Subjects of Privilege, - 


65, 109 


Substitute, - 


- 29,73c 


Suggestions, - 


112-114 


Suspend the Rules, 


- 79, 109 



140 LAW OF ASSEMBLIES. 

SECTIONS. 

Table, Lay on the, ----- 67 

of Motions, - - - - - - 109 

Take from the, - -- - • - - 67c, 109 

Take an Intermission, - 14, 21, 64a, 109 

up Seriatim, _____ 76a 

the Yeas and Nays, 84, 98, 109 

Technical Terms, - - 17-23, 52-54, 56-62 

Tellers of Votes, - - 94a 

Treasurer, ______ 27 

Trial, - 35-40, 547>, 108 

Trustee, - - - - - -17,102 

Two-Thirds Vote, ----- 109 

Unanimous Vole, - - - - - 92, 99, 109 

Undebalable Questions, - 85,86,109 

Vetoed Bills, - - - - 74(7, 73a, 109 

Viva Voce Votiug, - 100 

Vice-President, - 25 

Violations of Parliamentary Law, - - 30-40 

Vote, Majority, ----- 92 

Unanimous, ----- 92 

Changing*, _'._.. 93 

Vote*, Illegal, - ... 55a, 109 

on Election, - 54a, 55(2, 109 

on Guilt or Penalty, - 32-40, 54/>, 109 

on Membership, - 55(7, 109 

Voting, - - - 54a. 55a, 91-101 

Chart, - - page 98. 

Excuse from, - - - - 8 ?, 109 

Forms, ------ 95 

Informality in, _____ 49, 55/* 

Order in, ------ 94b 

Preliminaries. • - - - - 94 

Quasi, _.-_-_ lul 

Right and Duty ot, - 9.91 

Viva Voce, ----- 100 

Withdraw a Motion, - 78, 109 

Yeas and lVays, - - - - - 84. 98, 109 

Youth, - 9a 






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